THESE MERCHANT TERMS (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR MERCHANT USE OF THE WEBSITE AND SERVICES. BY ACCESSING OR USING THE WEBSITE OR SERVICES, INCLUDING THE SELLING OR DISPLAYING OF GOODS AND SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEBSITE OR SERVICES. IF YOU ARE USING THE WEBSITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.
Table of Contents:
- LISTING YOUR PRODUCTS AND YOUR USE OF THE MERCHANT COMMERCE MODULE.
- SELLER ACCOUNTS.
- AFFILIATED PARTNER PROGRAM, SHIPPING, SELLING, SELLING FEES, ETC.
- LISTING AND SELLING RIGHTS.
- CONTENT AND ACTIVITIES BY YOU ON THE WEBSITE (1).
- CONTENT AND ACTIVITIES BY YOU ON THE WEBSITE (2).
- INFRINGING ON THE INTELLECTUAL PROPERTY OF OTHERS, COUNTERFEIT ITEMS, DUPLICATE PRODUCT LISTINGS, AND OTHER RESTRICTED ACTIVITIES.
- NO GUARANTEE.
- NO AGENCY.
- CUSTOMER SERVICE.
- MODIFICATIONS TO MERCHANT COMMERCE MODULE.
- COPYRIGHT POLICY; NOTICE, PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
- DISCLAIMERS AND NO WARRANTY.
- LIMITATION ON LIABILITY.
- RISK OF LOSS.
- INDEMNITY BY YOU.
- RESOLUTION OF DISPUTES AND RELEASE.
- POSSIBLE SANCTIONS.
- BUSINESSES THAT USE OUR WEBSITE.
- APPLICABLE LAW.
- TERM AND TERMINATION.
1. Listing Your Products and Your use of the Merchant Commerce Module.
- On CannaSOS and CannaSOS.Shop, you are able to display product or service listings that you create (“Product Listings”). You are solely responsible for the content(s) of your Product Listings. This includes price, description, possible applicable fees, tax that you calculate, any offers or promotional content, and any required legal disclosures.
- By using the Website, you automatically grant us, the Company and Website, a non-exclusive, sub-licensable, transferable, worldwide, royalty-free license to use, host, distribute, modify, run, publicly perform or display, copy, translate, and create derivatives works of any of the data, content, works, and other information provided by you or accessed by us in connection with the Website and the Merchant Commerce Module. This also includes Product Listings, videos, photos, and any other content. We may display your Product Listings – including the data, content, works provided to us directly and indirectly by you – on the Company’s social media pages and other channels such as Facebook, LinkedIn, Instagram, in any media now known or not currently known, and other platforms.
- It is not the responsibility of the Company, and the Company will not be responsible, for paying for, managing, delivering, or fulfilling any sales in connection with your use of a Merchant Commerce Module.
- The Website collects Users data. You may only use any Users data, information, content, or other information you receive from the Website in connection with your use of the Merchant Commerce Module (“User and Transaction Data”), and it is as follows:
- You may not, and will not sell or misuse User and Transaction Data. As according to Section 1.8., you may not share User and Transaction Data with anyone except the Service Providers, and as required to comply with applicable law.
- If a User provides you with their consent to use the data, content, or other information, and the consent you received from a User conflicts with the Merchant Terms, then no matter the jurisdiction and the nation, the Merchant Terms will control. In addition, the User and Transaction Data does include data that is received through any Merchant Commerce Module that we may, in the discretion we see fit and necessary, create and/or provide to you to facilitate your communication with Users (“Tool for Communication”).
- Anyone, including agents, friends, family members, independent contractors, who directly or indirectly provides services to your business or to third parties on your behalf is considered a Service Provider (“Service Providers”). You may use Service Providers only in connection with the Merchant Commerce Module if they are acting on your behalf and are bound by an agreement to protect User and Transaction Data as least as much as is required under these Merchant Terms. If any of your Service Providers breach these Merchant Terms, it will automatically be considered a breach by you.
- In addition to Section 1.6. and 1.7. you and your Service Providers may not use Users and Transaction Data for the purposes of, but not limited to: marketing, business development, sales, creating business user profiles, and creating social media profiles, unless either 1) the applicable User has provided their prior consent through a feature or module that we have made available for Users prior, allowing Users to provide such consent, or 2) you have received the same data from the applicable User independently of the Merchant Commerce Module and obtained their consent to use it for the purposes mentioned above in Section 1.6.7.. You may not, under any circumstances, use the Tool for Communication as a form, or for, marketing and business development purposes.
- By posting content in the Website, it is possible that content may lead to a possible outside website/third party to re-post the content. If any dispute concerning this use arises, you agree to hold the Company/Website harmless from any liability.
- The Website and Company, in connection with the Merchant Commerce Module, may provide you with features and tools allowing you to use, calculate and view information about current transactions, previous transactions, forecasted transactions, tax rates, shipping rates, current and forecasted Buyers, and other types of data. These features and tools are only provided for your convenience, and the use of these features and tools are at your sole discretion and risk.
2. SELLER ACCOUNTS.
- Eligibility. You must be at least 19 (Canada), 21 (United States of America), years of age to access and use the Service. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms, guidelines, and conditions of this Agreement. If you become a Seller, you represent and warrant that you have never been convicted of a felony, that your business is not currently in a lawsuit, that your business and you (and all Board of Directors, Top Management, and Chairman) have never been convicted of fraud, money laundering, cybercrime, and other forms of criminal activity by any government entity. Using the Merchant Commerce Module may be prohibited or restricted in certain countries and/or states and/or cities. If you use the Website and Merchant Commerce Module, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Merchant Commerce Module.
- Account Creation. You may register as a Seller at no cost; however, your use of the Seller account automatically acknowledges that the Company may impose a cost to creating or maintaining a Seller account. If a cost is imposed, the Company will notify you in advance via email, social media, or other forms it deems fit. In order to use Website Services and have access to certain features of the Website, you must register and open up a Merchant account with CannaSOS Shop (“Seller Account”, “Merchant”) and provide personal information about yourself as per user registration form. As a legal person, you represent and warrant that: (a) all required registration information you submit is truthful, accurate, and accordance with local law – validly existing and in good operation; (b) you will maintain the accuracy of such information; (c) you have all the necessary legal qualifications, capabilities, rights and authorities to become bonded by these Merchant Terms, fulfill duties accordingly, fulfill rights, licensing and authority required by this agreement, and have the permissions, approvals and licenses required by your business; and (c) you and your affiliates and your Service Providers will comply with all applied laws to fulfill your rights and duties in this agreement. You may not create more than one Seller Account. You may delete your Seller Account at any time, for any reason, by following the instructions on the Website. Unauthorized use of this Website and Merchant Commerce Module may give rise to a ban, to a claim for damages, and/or be a criminal offense.
- Term and Termination. These Merchant Terms will remain in full force and effect indefinitely while you use the Seller Account and/or Merchant Commerce Modules. You may change or cancel your membership as a Seller at any time, for any reason by following instructions on the Website. This can be done by going into your Seller Account Settings. If you cancel your membership as a Seller, your offers on your items and Product Listings (the price, information about the product, delivery information, etc) will be deleted, but the item, that was not originally published by you into the Website Database (allowing other Sellers to create Product Listings), will remain as it is used by other sellers for their sales offers. If you cancel your membership as a Seller via the Website, we may ask you to provide a reason for your cancellation. Company may terminate, freeze all capital therein and any payment to you therefrom, or suspend your membership as a Seller in the Website and Merchant Commerce Module at any time without notice if the Company believes that you have breached this Agreement; including if it had been found that you have provided us with misleading information concerning the contents in Section 2.2. As soon as the Seller deletes their Seller Account through the Settings, the system checks all Orders. If there are Orders that are currently pending and/or active, the system waits for the condition of existing Orders to be satisfied, for any obligations/responsibilities owed to Buyers and the Company to be properly dealt with, and only when the system sees that are requirements have been met, does the account close and the remaining money on the Seller’s balance is transferred to their Bank account. If there are obligations/responsibilities to the Buyers for items being purchased, or that have been purchased, the money on the Seller’s balance is frozen until all obligations/responsibilities to the Buyer have been fulfilled. Only after the fulfillment of all obligations/responsibilities and payments is the Seller account deleted. At the time of clearing all obligations/responsibilities, all offers for the sale of the Seller’s products are put on hold and no new transactions will be made. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your membership as a Seller is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
- Account Security and Responsibilities. You are responsible for maintaining the confidentiality of Website username and password you designate during the registration process, and you are solely responsible for all activities that occur under your Website account under your Seller Account username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Core State Holdings, Corp. reserves the right to refuse service, terminate accounts, freeze all capital therein and any payment to you therefrom, terminate your rights to use Website Services and Merchant Commerce Module, remove or edit content, or cancel orders in its sole discretion.
- Account Information: You are responsible, and must, to keep your Seller Account information up-to-date and accurate at all times. To sell items on Website, you must enter and maintain valid payment information such as a valid account to the payment processor that the Company uses for the Merchant Commerce Module. If you do not comply with the aforementioned provisions, you take full responsibility for losses. As per 2.11.The Website and the Company does not accept any responsibility for any payments made by the Merchant for information provided, that has not been updated, for a Wire transfer or another payment transfer. If the Merchant ‘loses’ a payment, or received an additional fee for, but not limited to, transferring money to their account from the Company, and the Company used this information, inserted by Merchant, then Company is not responsible for the loss of payment.
- Your Interactions with Other Users: YOU, AND YOUR BUSINESS, ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER REGISTERED USERS AND USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS, AND HAS NO ABILITY TO MONITOR WHAT IS BEING SAID BY THE USERS – BOTH POSITIVE AND NEGATIVE. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS AND REGISTERED USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY OF THE ITEMS BEING SOLD. YOU WILL NOT HOLD THE COMPANY LIABLE FOR ANY BRAND-RELATED DAMAGES THAT MAY OCCUR FROM YOUR USE AND MISUSE, AND THE USERS USE AND MISUSE OF THE WEBSITE. IT IS YOUR RESPONSIBILITY TO, BUT NOT LIMITED TO: PROVIDE EXCELLENT CUSTOMER SERVICE, RESPOND TO ALL INQUIRIES, RESPOND TO ALL REVIEWS, PROVIDE TIMELY DELIVERY OF YOUR SERVICES, AND MAINTAIN A PROPER, ETHICAL BRAND IMAGE IN ORDER TO MAINTAIN A POSITIVE BRAND IMAGE AND SEE SALES. WE HAVE NO DIRECT CONTROL OVER WHAT THE USER DOES ON OUR WEBSITE. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- Transferring Your Account: You may not transfer or sell your Seller Account and username to another party, including Service Providers. If you are registering on the Website as a business entity, you must prove that you have the right to assign the agreement, and the validity should be vested in the entity.
- Our Right to Refuse Servicing: We do not make our Services and Merchant Commerce Modules available to temporarily or indefinitely suspended CannaSOS members. We reserve the right, in the Company’s sole discretion, to cancel inactive, unconfirmed, or suspended accounts. The Website and Company reserves the right to refuse service to anyone, for any reason, at any time.
- Credit Score: Each Merchant, through their operating history on the Website, receive a Credit Score. The Merchant’s credit score is determined through many different parameters, primarily, but not limited to: positive item reviews, positive business reviews, the quality of the item, the speed of the delivery of the products, and customer response time. Below are Credit Tiers. The closer you are to Tier 1, the better. Each Tier has a certain condition:
- Tier 1: Equal to 8 or higher.
- Tier 2: from 6 to 8
- Tier 3: from 4 to 6
- Tier 4: from 0 to 3
The funds received from the Buyer, upon purchase of Order, are credited by the Company to the Merchant account inside the platform. Funds are on ‘Hold’ automatically for a certain period of time in order to allow for quick refunds if the situation requires. Funds are on ‘Hold’ if: a) Merchant ships the purchased item(s) to the Buyer and the Buyer did not receive them; and/or b) the Merchant ships the purchased item(s) to the Buyer, and within 48 hours, the Buyer does not want to return the item(s) to the Seller. Depending on the Merchant Credit Score, after a certain amount of calendar days, the funds will be withdrawn from Hold and the Merchant will be able to transfer them to their Bank account. As soon as funds are no longer in Hold, an invoice for ‘Sale Services’ is created from Core State Holdings, Corp., which includes all sales-related information, affiliate-related information, referral fees, applicable Taxes, and other necessary information for the Merchant to review and have on record. Therefore, the Company does not take part in the selling of the item, rather, is simply a middleman of the service and is providing a platform for the selling of items, and at the end of the purchase process, provides the Seller with an invoice for the use of the Company service.
- Tier 1: This Tier allows the system to remove the Seller’s Hold status from the transaction order after 30 calendar days have passed after confirmation of the item being delivered to the Buyer and the Buyer, within those 30 calendar days, not requesting a Return/Refund.
- Tier 2: This Tier allows the system to remove the Seller’s Hold status from the transaction order after 45 calendar days have passed after confirmation of the item being delivered to the Buyer and the Buyer, within those 45 calendar days, not requesting a Return/Refund.
- Tier 3: This Tier allows the system to remove the Seller’s Hold status from the transaction order after 60 calendar days have passed after confirmation of the item being delivered to the Buyer and the Buyer, within those 60 calendar days, not requesting a Return/Refund.
- Tier 4: This Tier allows the system to remove the Seller’s Hold status from the transaction order after 120 calendar days have passed after confirmation of the item being delivered to the Buyer and the Buyer, within those 120 calendar days, not requesting a Return/Refund.
11. Payment Methods: On the Website, you may be required to be logged in to a CannaSOS Shop or other type of account, and have a valid payment method associated with it, in order to use the Service. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. All payments to Merchant are made according to Merchant’s request to transfer accumulated funds, from Buyers, to Merchant’s bank account. Payment method is Wire Transfer. The Wire Transfer statement must be filled out in the Seller Settings and updated immediately, if there are any changes, by Merchant. Payment is made within 2 business days (+/- 1 business day). All applicable fees, part of the transaction, for the Wire Transfer is paid by the Merchant. The minimum transfer amount for the Wire Transfer must be at least $100 USD.
12. Sales Tax: When creating the Product Listing, the Merchant implements all applicable, local Sales Taxes that are required for the transaction to take place. By Company charges a Sales Tax on the selling price of the item and provides this information to the Merchant; for further payment to local state/provincial authorities. The Merchant is fully responsible to the state/provincial authorities for the proper paying of any and all applicable Sales Taxes that are gathered from the sale of their item(s).
The Company is not responsible for your conduct and the conduct of your business entity, Seller Account, your Service Providers and affiliates. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Registered Users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Users, Service Providers, Seller Accounts, Third-Party Entities, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility and safety with individuals you meet through the Service and/or Merchant Commerce Module. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users and Sellers; unless you deem it 100% safe to do so and it is necessary for your business operations.
3. Affiliated Partner Program, Shipping, Selling Fees, etc.
- Order Processing: As soon as the Buyer has confirmed their purchase transaction, in the Seller Cabinet in the Orders panel, the Merchant receives the Order for the Product Listing purchase. The Merchant is obligated to accept the order for execution or refuse it within 48 hours. If the order was not accepted for execution within 48 hours, or a refusal was made, the Company will apply a fee, at the rate of 15% – 20% (depending on the category of the product) of the Product Listing’s selling price + any affiliated commission percentage, to the Merchant, which the Merchant must pay immediately.
- Cart: When an item is moved to the virtual Shopping Cart, the Buyer reserves the right to purchase the product with the applicable discount, and all the terms of purchase and delivery of the product, for 7 calendar days. When an item is moved to the Shopping Cart, the Stock Availability is reduced (and the item is Reserved) until the item is paid for or removed from the Cart, or if 7 calendar days have passed and a purchase has not been made. If the payment is not completed by the deadline, the product is returned to the Merchant’s stock inventory. When an item is Reserved, throughout the 7 calendar days, the Merchant cannot use that exact same item to sell to another Buyer; unless the Merchant has more of the same item in Stock.
- Shipping: Shipping of the item sold in the Product Listing is carried out only by the Merchant. Merchant is required to enter all necessary and required information, allowing the Buyer and the Seller to track the shipment and to control the delivery progress. If an item does not arrive to the Buyer within the approximately specified expected delivery time (after 15 calendar days from the expected delivery date), the item is automatically considered lost and the Seller is obligated to send a replacement item (an exact duplicate that must be, but not limited to, of the exact same type, quality, texture) to the Buyer upon their request. If the Seller, for some reason, is unable to replace the item with a new exact duplicate, the sale of the item is canceled and the payment (made by the Buyer in full for the item upon purchase) is refunded to the Buyer. In this situation, CannaSOS.Shop issues an invoice to the Seller for the amount calculated as follows; sale fee + affiliate fee (if applicable) + Sales Tax – all which the Seller must pay within 7 calendar days. If the Buyer ends up receiving the item after all the above terms, the item will be considered a bonus from the Seller to the Buyer. The Seller must create a claim to their insurance company and should receive compensation for the cost of the lost product. CannaSOS does not accept any financial or legal liability in this situation. The Buyer is obligated to insure their items and goods when they are sent to the Buyer, and in case of loss or damage to the items and goods during delivery, they must receive compensation from the insurance company. If the Seller did not make an insurance claim for the delivery of the item(s) or good(s), the cost of the lost item(s) or good(s) and/or the cost of the damaged item(s) or good(s) is compensated by them.
- Product Returns: The item being returned must not contradict CannaSOS.Shop and Company Return Policy. If it is proven, by the Buyer or the Company, that the Merchant had provided to the purchaser a (but not limited to) item that is: not of high quality and/or not as the quality promised, not the item that was bought originally, or the item did not match the certificates or local laws; the Merchant is obligated to exchange or refund the item within the same time period for which the item was delivered to the Buyer since the creation of the complaint. Also, if the item was not delivered to the Buyer within the timeframe specified by the Merchant, the payment (paid by the Buyer for the Item) is returned to the Buyer. In this situation, the Merchant receives an invoice from Core State Holdings, Corp. requesting an immediate payment. This payment will include the fee at which the item is sold + affiliate fee + any applicable referral fees + all applicable selling TAX. Merchant is obligated to pay this within 7 calendar days. If the payment was not made or there is not enough money on the Merchant’s balance to pay for the invoice, Website has the right to suspend the sale of goods by the Merchant until the debt has been paid.
- Null Product Price: Merchant has the right to sell item(s) at the price of $0.00, and only require payment from the Buyer for shipping. Your product cost is $0. The cost of selling commission will be charged by CannaSOS.Shop in the amount of $__ per product. If your offer is not adequate for the company, your offer will be rejected. As soon as you install this item for distribution, you will receive an invoice from CannaSOS.Shop for the full amount, which you will have to pay in advance before the item starts to sell. Your payment to CannaSOS.Shop is final and non-refundable. If the sale price is $0, Merchant cannot set a commission for the Affiliate Program.
- Website Front Page: The display of a Merchant’s Product Listing(s) on the front page of the Website does not depend on the price of the item(s). It all depends on: the popularity of the product when it comes to purchases per day and/or purchases per week, the number of positive reviews, the overall rating of the item sold by the Merchant (also based on the amount of top, positive reviews), and it also depends on the Credit Score of the Merchant. The more successful the Product Listing, the likelier it will be displayed on the Website’s Front Page and/or Trending Feed and/or other page which showcases popular Product Listings.
- Shop Commission: The below table displays the Product Listing Categories and the percentage the Merchant Commerce Module receives, as commission for the provided Service, for the selling of an item that is tied to that particular category. The commission is allocated automatically upon the purchase, of an item, by the Buyer, and is represented as a percentage from 100% selling price of the product not including Sales Tax, your Affiliate and Referral fees, delivery costs (if applicable – and if the delivery price is in-line in accordance with the prices of other Sellers and is not inflated). If the price for delivery is inflated (as described in Section 7.4, Section 7.8, Section 7.9, Section 7.10, Section 7.11), the Company reserves the right to refuse to the item to be sold by the Seller on the Website. When creating a Product Listing, you need to keep these percentages in mind as it will have an impact on the price your item is sold at, the percentage commission that is allocated to Affiliates, and the amount of margin you are able to add to a product. The Company does not take any liability if you do display a Product Listing, no matter if you did or did not take into consideration the below numbers, and end up selling an item for which, but not limited to: 1) your profit margin is very low or not as expected; 2) your item is sold at a loss; or 3) the number of your Product Listing(s) sold do not live up to your expectation:
|Product Categories||CannaSOS.Shop Fee|
|Natural Health Supplements||15%|
|Sports & Fitness||18%|
|Hemp & CBD For Pets||18%|
|Hemp Clothing & Accessories||15%|
|Books & Magazines||15%|
4. LISTING AND SELLING RIGHTS.
- Policies: All Seller Accounts are required to outline shop policies for their Seller Shop. Some of the policies are related to, but not limited to: shipping, payment and selling, returns, and refunds. The policies must abide according to local laws, in accordance with the local laws of the nation, state, and/or city being targeted by the Product Listings, and must be reasonable and made in good faith.
- Changes and Differences in Policies: If there are any differences in the Seller Shop policies and Website/Company policies, the Company policies prevail. All Seller Accounts are responsible for having reasonable shop policies, and the Company reserves the right to request a modification, to the policy(ies), from the Seller.
- Avoiding Fees: When creating a Product Listing, it will ask you for multiple variables, one of them being the price for which the product is sold at. The price stated in each Product Listing description must be an accurate representation of the sale. Sellers have the ability to charge reasonable handling and shipping fees to cover the costs for mailing items and packaging items. However, you may not charge excessive shipping fees or take part in avoiding fees. In addition, you are not allowed to alter the price of a Product Listing after a sale has occurred in order to: avoid transaction fees associated with the sale, use another Seller Account without permission, or misrepresent the location of the item(s).
- Binding: All sales in Website are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the Buyer in a prompt, professional manner, unless there is an exceptional circumstance. An example of an exception circumstance are: the transactions cannot be facilitated and/or completed, due to laws, policies, natural disasters, laws, wars, and other unforeseen factors. Any cost that has arose from not completing the order(s) in time shall be undertaken by the Seller.
5. CONTENT AND ACTIVITIES BY YOU ON THE WEBSITE (1).
- You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available, including your activities on and relating to the Website and all, but not limited to; data, information, text, usernames, photographs, graphics, audio, video, links, that you submit, display, publish, post (hereinafter, “Content and Activities”) on the CannaSOS, CannaSOS Shop, and any Merchant Commerce Module. You may not post on the Website or as part of the Service, or transmit to the Company or any other Registered User (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, ethnically offensive, or illegal material, or any material that infringes or violates another person’s or entity’s rights (including intellectual property rights, and rights of privacy and publicity). You will promptly update us of any information provided by you that subsequently becomes inaccurate, misleading or false, especially information concerning the Seller Account. You may not state or imply that your Content is in any way provided, sponsored or endorsed by CannaSOS and the Company. If Company makes any requirements, at any time, the Seller shall provide written proof of having obeyed the Product Listing(s) and item requirements of CannaSOS and related law as soon as possible. If you delay, you, the Seller, are responsible for all losses arising from such delay.
- You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the Website or as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website or the Company. The Company may restrict the number of emails which a Registered User and Seller may send to other Registered Users and Sellers in any 24-hour, 1 week, 2 weeks, 1 month, or other given period to a number which we deem appropriate in our sole discretion. CannaSOS is not obligated to backup any Content and Content may be deleted at anytime. You are solely responsible for creating backup copies of your Content if you desire.
- that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- advocates harassment or intimidation of another person;
- requests money from, or is intended to otherwise defraud, other users of the Website or Service;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
- promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) and/or Health Canada (HC) as hazardous to consumers and therefore subject to a recall
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Your use of the Website, Service, and Merchant Commerce Module, including all Content you post through the Website, Service, and Merchant Commerce Module, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content and Activities violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
- You acknowledge that when using the Website, Service, and/or creating the Seller Account, you may post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Registered User profile or Seller Account that may be viewed by other Registered Users. You are able to physically tap/type on a virtual or physical keyboard and post this content, however, you must agree that any Content you place on the Website to be viewed by other Registered Users may be viewed by any person visiting the Website or participating in the Service. Therefore, you need to consider all possible internal and/or external risks (including fraud) that may arise from doing so.
- In the Product Listings, you may have Users (including Registered Users) leave Reviews. It is automatically assumed by the Company that the Reviews published on the Product Listings are genuine and based on first-hand, personal experience. When replying to Product Listings reviews, In addition to the other restrictions contained in Section 4d, replies posted on the Website must not: (a) be written exclusively in capital letters, (b) be plagiarized, © contain spam or advertisements, (d) contain personally identifying information about any Company (be-it in any industry, not limited to geographical location) employees or any other person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the Company, (f) contain references to companies or competitors other than the product or Company being reviewed, or (g) contain unrelated personal grievances, or (h) contain links/urls, be it hyperlinked or typed. In order to provide to the Website community accurate, non-biased information, if you are an owner, volunteer, or employee of a Seller Account (and that particular business entity), that is interacting with the Website, you may not post reviews about your business or products or about your competitors’ business products.
- Image files must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 4.
- In addition, you agree not to use the Website or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; © harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, Services, Merchant Commerce Module or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or CannaSOS or gain unauthorized access to the Website or Services, other computer systems or networks connected to or used together with the Website or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Website or Services; or (g) introduce software or automated agents or scripts to the Website or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Website or Services.
- The Company reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Service and terminating or suspending the membership of such violators.
- You agree that CannaSOS and the Company has no obligation to update information, keep information, or send/provide you the latest information in the situation of us suspending or ceasing your CannaSOS and CannaSOS.Shop account.
- Whenever you use the Website and/or Service and/or Merchant Commerce Module, or send text messages, e-mails, make phone calls, or other send out other forms of communication from your mobile device or website, there is a possibility that you may be communicating with us electronically. You consent to receive from us emails, text messages, different forms of electronic/virtual notifications including push notifications, messages, phone calls on this Website or through other Services provided by the Company. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and you agree that you can retain a copy of this communication for your own record(s).
- If Core State Holdings, Corp. has reasonable doubts to believe that you, the Seller, has consummated any transaction that was initiated using Website, Service, or Merchant Commerce Module’s service, that could cause us to violate any applicable statute, law, ordinance or regulation, or that violates the right of Seller Account(s) and pay customers or others according to specific compensation standard, all the payments Core State Holdings, Corp. made including, but not limited to; refund, compensation and other fees, will be our decision on User refunds. If the Seller believes they are unduly affected, they should follow the Company’s standard merchant dispute route and get into contact with the Company. The Company will send/provide you information in regards to the result and will reserve the right of a final explanation. In addition, we may decide to implement a policy that allows the Company and the Website to withhold payment or other due payments according to this Agreement. If the Company has reasonable doubts to believe that there were any behaviors or actions that the merchant has made that may cause fees, disputes, refunds, or other claims with Buyers, and not limited to other Users and Sellers, the Company has rights to delay payment to the Seller and withhold account payable or other due payments according to this Agreement, until all investigations of those actions and behaviors have been completed. If the Seller conducts above restricted activities or violates this provision, the Seller should pay USD $300 as penalty per incidence. If the Seller has their financial account connected to the payment processor we are using, and upon incidence, the Seller removes access to their account from the payment processor in order to not allow the Company to withhold USD $300 as penalty, the Seller will be fined with an additional USD $50 for every calendar day that the account is not connected to the original connected payment processor in the Website.
6. CONTENT AND ACTIVITIES BY YOU ON THE WEBSITE (2).
The Company reserves the right to investigate and/or terminate your membership as a Seller if you have misused the Service or Merchant Commerce Module or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Website but involve Registered Users or Sellers you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service and Merchant Commerce Module. You will not:
- impersonate any person or entity.
- solicit money from any Registered Users or Sellers.
- “stalk” or otherwise harass any person or entity.
- express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
- ask or use Registered User and Users and/or Sellers to conceal the identity, source, or destination of any illegally gained money or products.
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service, Merchant Commerce Module, or its contents.
- collect usernames and/or email addresses of Registered User and Users and Sellers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
- Be defamatory, unlawfully threatening, unlawfully harassing, libelous, impersonate or intimidate any person or entity (including, without limitation, CannaSOS staff or other Sellers), or take part in falsely stating or otherwise misrepresenting your affiliation with any person or entity, through (but not limited to) the use of similar usernames, similar business names, similar email address, nicknames, or creation of false account(s) or any other method or device.
- interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.
- email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software).
- “frame” or “mirror” any part of the Service or the Website, without the Company’s prior written authorization.
- use meta tags or code or other devices containing any reference to the Company, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
- Be fraudulent (fraud is an action taken by the Seller to deliberately inform Buyers and Users of false information or conceal the real situation to lure Buyers and Users into making purchases) or involve the sale of illegal goods (Illegal goods refer to the commodity material, goods (including packaging) which contains illegal content), take part in counterfeiting, imitate (imitation is the product’s trademark/copyright being forged or imitated or the product being adulterated without the permission of the owner of registered trademark/copyright.) or take part in stealing items (stealing products refer to illegally possessing, secretly stealing or burgling public or private products).
- you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Services.
- you shall not access the Website or Services in order to build a similar or competitive service.
- Violate (or involve the sale of items that violate) upon any third-party’s copyright, trade secret, patent, trademark, or other proprietary or intellectual property rights or rights of publicity or privacy. This type of prohibited behavior includes (but not limited to): 1) selling or displaying items portraying the likeness of a celebrity (including portraits, pictures, usernames, names, signatures and autographs); or 2) selling any pirated video or recording; or 3) selling or displaying items that bear a third-party brand or trademark that you are not authorized to display in such manner; or 4) duplicating the product of an existing brand on the market, that technology and/or ingredients of which have already been patented, under your own brand without the permission of that third-party brand.
- no part of the Website or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
7. INFRINGING ON THE INTELLECTUAL PROPERTY OF OTHERS, COUNTERFEIT ITEMS, DUPLICATE PRODUCT LISTINGS, AND OTHER RESTRICTIED ACTIVIES.
- Items and Product Listings shall not infringe on the intellectual property of other Merchants, Users, third-parties, and others. This includes, but is not limited to: copyright, trademarks, and patents. Sellers are responsible to ensure that their items and Product Listings do not infringe, and are encouraged to do an IP clearance check before listing items. If a Seller has repeatedly listed items that have infringed, or are in the process of infringing, on others’ intellectual property, the item and Product Listings will be removed and the Merchant’s account will face possible penalties of $500 USD or more and/or suspension. If you or another Merchant continues to repeatedly infringe on the intellectual property rights of others, including Registered Users, their account is at risk of higher penalties, suspension and/or termination. The penalty can only be disputed and approved within 90 calendar days from when the penalty was created. If the penalty dispute is not approved within the 90-calendar day period from when the penalty was created, the penalty will not be reversed.
- You are not allowed to do Product Listings of counterfeit items on the Website. It is not tolerated. If a Seller lists counterfeit items for sale, the items will be removed and the account of the Seller will face penalties, a suspension; and possible termination.
- You are obligated to provide accurate information when creating a Product Listing. If a Seller provides inaccurate information about the item they are listing, the item will be removed and the Seller account could face penalties, a suspension; and possible termination if a consecutive offense.
- You are not allowed to be involved in price gouging. Creating and/or being involved in the action of manipulative pricing strategies can be detrimental to the experience of our userbase, customers, and Sellers, and it is not permitted on Website. Sellers that have been found to be setting prices, for certain items, significantly higher than reasonable market value, may be penalized up to $300 USD per listing; and possibly higher if the Company takes legal action. The penalty above may be disputed with Company.
- Company and Website strictly prohibits any attempt to manipulate customer reviews and/or ratings, and expressly prohibits compensated reviews and/or ratings. This is not allowed on the Website and any reviews and/or ratings generated by the Sellers directly or indirectly are also prohibited. This allows the Website to contain authentic, accurate item reviews. Orders that are found to have been affected by manipulated reviews and/or ratings are subject to be penalized up to $15 USD per affected order. The Order value is the ‘quantity * (Seller price + Seller shipping)’.
- Product Listings are not allowed to refer Users and Buyers off of the Website. If a merchant creates a Product Listing that encourages Buyers to leave the Website or contact a store outside of the Website and Company, the Product Listing and item will be removed and the account risks suspension.
- Merchants are not allowed to create duplicate Product Listings. This act is prohibited on the Website. Items of the same size should be listed as one item, and duplicate items should not be uploaded. If a merchant uploads duplicate items, the items will be removed and the account risks suspension.
- Merchants are allowed to increase prices for items and for shipping by up to $2 USD, or up to 25%, whichever one is greater. This can occur within a 3-month period. However, for a given item, this price restriction rule applies independently to the item price and the shipping price. In addition, you must know that price increases for promoted items are not allowed.
- You are not allowed to modify the item from its original item to a new item. If a Seller decides to change a Product Listing into a new Product Listing, the item will be removed and the account will be penalized up to $20 USD, and the account will be at risk of suspension. The penalty can only be disputed and approved within 90 calendar days from when the penalty was created. If the penalty dispute is not approved within the 90-calendar day period from when the penalty was created, the penalty will not be reversed.
- Misleading product listings are absolutely the worst – both for the Buyer and for the Company. It definitely leads to some upset faces. If a Product Listing or a group of products, are found to be misleading, the Merchant will be penalized up to $300 USD if it has been found that there were orders that were placed in the last 30 calendar days from when the item, or groups of items, were detected as misleading. In addition, the Seller will be 100% responsible for 100% of any future refund on an order placed on the item, and group of items, that has been found to be misleading. The Sellers are always allowed to dispute these penalties, however the penalty can only be disputed and approved within 90 calendar days from when the penalty was created. If the penalty dispute is not approved within the 90-calendar day period from when the penalty was created, the penalty will not be reversed.
- Merchants are allowed to implement varying prices when creating Product Listings. However, the variation in the price must be less than 4 times the minimum variation price. Otherwise, the Product Listing will be removed and the account may see a risk of being suspended; terminated for consecutive offenses. We reserve all rights to remove any items that violate this Agreement and this varying price policy.
- If we detect on the Website that a Seller’s actions, or a Product Listing is, not complying with this Agreement and/or the legal compliance of the regions the Seller is operating in and delivering to, the Seller will be penalized up to $20 USD and the Product Listing will be removed. Sellers are always allowed to dispute this penalty, and other penalties associated with the situation, however the penalty can only be disputed and approved within 90 calendar days from when the penalty was created. If the penalty dispute is not approved within the 90-calendar day period from when the penalty was created, the penalty will not be reversed. In addition, the Website keeps track of all possible actions and documents the progress and actions of the Seller Account throughout its operating history. Therefore, if a dispute occurs, the Company may have substantially more information than the Merchant and it may not be time and economically worthwhile for the Merchant to 1) take on the dispute if they do not possess substantial evidence to defend their claim or 2) take on the dispute if the cause of the dispute was a first-time offense and the Merchant knows that they won’t do it again.
- All Product Listings include a field that allows for a comparison price (“MSRP”). Sellers have the ability, but are not required to provide a value for the MSRP Field. If the Sellers choose to provide a value for the MSRP, then each of those value(s) must comply with this Agreement, and it must be truthful and not misleading. In addition, all Sellers are may only include the value, for the MSRP, in a Product Listing if that dollar figure is an actual reference price of the item. In this situation, it will mean that it is either: (a) the price at which the item was recently provided up for sale and for a fairly reasonable amount of time; or b) the Manufacturer’s Suggested Retail Price (MSRP) or similar list price of the item.
- Merchants are not allowed to include different items of high variance in one Product Listing. If this occurs, the Product Listing will be removed from the Website and the Seller Account risks suspension; or termination if a consecutive offense. A high variance item refers to a) items that cannot both be described by a single item title; b) a item that is another item’s accessory; c) items that are fundamentally different from each other; d) one that a customer would not want/expect to see the item together on the details page; or e) an item that requires a completely different item description.
You agree to indemnify and hold Core State Holdings, Corp. (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website or Services or a Merchant Commerce Module, (ii) your Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Core State Holdings, Corp. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Core State Holdings, Corp.. Core State Holdings, Corp. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Without limiting any other remedies, the Company may unilaterally decide, without notice, and without refunding any fees, delay or immediately remove Content, Product Listings, warn the Website community of a Seller’s actions, issue a warning to a Seller, temporarily suspend a Seller, temporarily or indefinitely suspend a Seller’s account privileges, terminate a Seller’s account, prohibit access to the Website, Service, and Merchant Commerce Module, and take technical and legal steps to keep a Seller off the Website, Service, and Merchant Commerce Module and refuse to provide services to a Seller if any (but not limited to) of the following applies:
- Investigation, or otherwise a Seller has breached:
- This Agreement;
- The Return Policy;
- Or has Breached other policy documents and community guidelines incorporated herein;
- The Company and the Website is unable to verify or authenticate any of your personal information or Content;
- The Company and Website believes that a Seller is acting inconsistently with the letter or spirit of the Company’s policies;
- The Company and Website believes that a Seller has engaged in improper or fraudulent activity in connection with the Website or Company
- The Company and Website believes that a Seller’s actions may cause legal liability or financial loss to the Company’s Sellers or to the Website and/or Company.
10. NO GUARANTEE.
The Company does not guarantee usable, timely, secure, correct, continuous, uninterrupted access to the Website, Service, and Merchant Commerce Module, and operation of the Website may be interfered with by numerous factors outside Company’s control. No matter the situation, the Company is not responsible for any services breaking down, including (but without limitation) system corruption, hacks, or other situations that may affect receiving, processing, testing, completion or settlement of transaction.
11. NO AGENCY.
You and Core State Holdings, Corp. are independent contractors, and no agency, joint venture, partnership, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Sellers have no right to represent Core State Holdings, Corp., to make or accept any offers or acceptance. Sellers cannot make any statements at any circumstance that may cause conflict with this term. This agreement does not establish an exclusive partnership between Sellers/Merchants and the Company.
12. CUSTOMER SERVICE.
The Company provides assistance and guidance through its customer care representatives and its Help section. When communicating with our customer care representatives (whether over the telephone, or via email or letter), and with Users directly that have inquired concerning (but not limited to) your business, Seller Account or Product Listing(s), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. Communication via email and via the Merchant Commerce Module and Website is always documented. Company representatives will do their best, with the resources and tools provided, to provide you with assistance in regards to your situation, however, there is no guarantee that the situation will be solved. If we feel that your behavior towards any of our customer care representatives or other employees or Users is at any time threatening or offensive, we reserve the right to immediately cease communication with you and/or terminate your membership as a Registered User and/or as a Seller.
13. MODIFICATIONS TO MERCHANT COMMERCE MODULE.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or a Merchant Commerce Module (or any part thereof) with or without notice. You agree that Core State Holdings, Corp., and its digital assets and products, shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MCM. To protect the integrity of the Website or the Merchant Commerce Module, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
14. COPYRIGHT POLICY; NOTICE, PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
All types of content provided, included, or made available through Website and its Service and a Merchant Commerce Module, such as graphics, logos, buttons and button icons, text, notifications, digital downloads, audio and audio clips, data compilations, modules, and software are the sole property of Core State Holdings, Corp., its Website and its Service, or its content suppliers, licensors, and manufacturers and are protected by Canadian and international copyright laws. All compilations of content included in or made available through CannaSOS.com, CannaSOS.Shop, PTPWallet.com, CoreStateHoldings.com, and provided/created by the Company, is the exclusive property of the Company and its digital assets; and are protected by Canadian and international copyright and trademark laws.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Legal Team with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
- your address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the Company’s Legal Team at [email protected] or at [email protected] with the subject “Copyright infringement situation”
15. DISCLAIMERS AND NO WARRANTY.
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Product Listings and Content posted on the Website or provided in connection with the Service or Merchant Commerce Module, whether caused by User, Sellers, or any of the equipment or programming associated with or utilized in the Website or Service or Merchant Commerce Module; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Product Listings or Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any User and Seller; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any item and any User and any Seller communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users and Sellers or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE AND THE MERCHANT COMMERCE MODULE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR MERCHANT COMMERCE MODULE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service and/or through a Merchant Commerce Module. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY USERS AND REGISTERED USERS.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
16. LIMITATION ON LIABILITY
IN NO EVENT SHALL WE (AND OUR SUPPLIERS, PARTNERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, VIRUSES OR ANY OTHER HARMFUL COMPONENTS TO THE FULL EXTENT PERMISSIBLE BY LAW, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES OR A MERCHANT COMMERCE MODULE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE AND SERVICES AND A MERCHANT COMMERCE MODULE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOGISTICS, ITEMS THAT ARE INTENDED TO BE SOLD ON WEBSITE, DELIVERY SERVICE, OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’, PARTNERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) AND (B) the amount of fees you pay to COMPANY in the 12 months prior to the action giving rise to liability. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or provincial courts located in Province of Ontario, Canada. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the province of Ontario without regard to principles of conflicts of law.
17. RISK OF LOSS.
Risk of loss and title for item(s) purchased and/or sold from Website pass to you upon acceptance of the order, to the delivery of the order by the carrier to the Buyer. Once the Buyer receives their product, the full risk of loss and title for the item(s) passes along to them after 30 calendar days from the expected date of delivery.
Risk of loss passes along to you if the purchased item(s) must cross an international border, specifically when they clear customs in Canada or United States of America; depending on from which nation you sold the product.
The Buyer is obligated to insure their items and goods when they are sent to the Buyer, and in case of loss or damage to the items and goods during delivery, they must receive compensation from the insurance company. If the Seller did not make an insurance claim for the delivery of the item(s) or good(s), the cost of the lost item(s) or good(s) and/or the cost of the damaged item(s) or good(s) is compensated by them.
18. INDEMNITY BY YOU.
Any dispute (including one that results from circumvention of this Agreement), controversy, or claim that relates in any way to your use of any Website Service, Merchant Commerce Module, or to any product(s)/service(s) sold or distributed by Company or Website will be resolved through binding arbitration, rather than in court. However, you may be able to assert claims in small claims court if your claims qualify. Any dispute that arises shall be settled according to the Arbitration Rules of the Canadian Arbitration Association, with the governing law being the Province of Ontario, Canada. We each waive any right to a jury trial if for any reason a claim proceeds in court rather than in arbitration. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We each also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
20. RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and Core State Holdings, Corp., please contact Core State Holdings, Corp.
Any disputes arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration, using the English language. Any dispute that arises shall be settled according to the Arbitration Rules of the Canadian Arbitration Association, with the governing law being the Province of Ontario, Canada without regard to conflicts of laws provisions thereof and may be modified or waived only in writing signed by both Parties. This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof. If any provision of this Agreement is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and resolved by arbitration administered in Ontario, Canada, according to the Arbitration Rules of the Canadian Arbitration Association for the time being in force, which rules are deemed to be incorporated by reference to this clause; provided, however, that either party shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction. The language of the arbitration shall be in English. The decision of the arbitrator shall be final and binding on the Parties. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses, including, without limitation, attorneys’ fees. Neither party may assign this Agreement without the other party’s consent; provided, however, that either party may assign this Agreement without the other party’s consent to a third party that acquires all or substantially all of such party’s stock, assets, or business to which this Agreement relates.
Should you have a dispute with one or more Users, Sellers, or an outside third-party, you release the Company and its officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands, actions, liabilities, rights, duties and damages (actual and consequential) of every kind and nature, known and unknown, determined or possible, certain and uncertain, natural or unnatural, disclosed and undisclosed, suspected and unsuspected, arising out of or in any way connected with such disputes. Core State Holdings, Corp., encourages Sellers to resolve Seller-to-Buyer disputes between each other first and foremost, and then if the dispute has not been resolved – to then contact the Company. If the Company is unable to assist, to then contact a certified mediation or arbitration entity, local law enforcement – as applicable.
As mentioned in the paragraph above, Core State Holdings, Corp. may try to help Sellers resolve disputes. However, the Company does so in its sole discretion, and the Company has no obligation to resolve disputes between Sellers and Buyers/Users or between Sellers and outside third-parties. To the extent that the Company attempts to resolve a dispute, the Company will do so in good faith based solely on its policies. The Company will not make judgments regarding legal issues or claims.
21. POSSIBLE SANCTIONS.
If you, and/or your organization, and/or your country is subject of U.S. or Canadian sanctions or of sanctions consistent with U.S. and Canadian law imposed by the governments of the country where you are using the Website and Service, you may not use any Core State Holdings, Corp. Services including Website and Merchant Commerce Module. You must comply with all Canadian and U.S. or other export and re-export restrictions that may apply to goods, software (including Website Software), technology, and services.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website and/or its social media accounts. Such notices may not be received if you violate this Agreement by accessing the Service or Merchant Commerce Module in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
23. BUSINESSES THAT USE OUR WEBSITE.
Parties/Businesses/Sellers that use our Website and/or Service own/use stores, software, certain services, products, may sell their Service through Company Website Services. If you decide to sell or purchase any services or products that are being offered by another Seller or third-party – which may be individuals or businesses – you are acquiring it from those Sellers and third-parties directly, not from the Company Core State Holdings, Corp. We are not responsible for evaluating or examining, and we do not warrant the offerings of any of these Sellers and parties (both individuals and businesses), including the information/content that they publish on the Website. Company does not assume any liability or responsibility for the content, product(s)/service(s), and the actions of all these and any other possible Sellers and third parties. When selling or purchasing from these parties, you should always review their privacy statements (if applicable), any statements relating to delivery, and any other conditions of use.
24. APPLICABLE LAW.
25. TERM AND TERMINATION.
Subject to this Section, this Agreement will remain in full force and effect while you use the Website or Services. We may (a) suspend your rights to use the Website and/or Services (including your CannaSOS and CannaSOS Shop Accounts) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Website or Services in violation of this Agreement. Upon termination of this Agreement, your CannaSOS and CannaSOS Shop Account and Seller Account and right to access and use the Website and Services will terminate immediately. You understand that any termination of your CannaSOS Account involves deletion of your Content and Product Listings associated therewith from our live databases. CannaSOS will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your CannaSOS and CannaSOS Shop Account or deletion of your Content. Even after this Agreement is terminated, the following provisions, due to the sensitive and informative nature described in those Sections of this Agreement (that may have an impact on other parties after termination) will remain in effect: Sections 1-24.
- Entire Agreement; Other.
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Website and/or by sending you a message/notification through the platform. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail or notification notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Copyright/Trademark Information.
Copyright © 2020, Core State Holdings, Corp. All rights reserved. CannaSOS; the CannaSOS logo; the CannaSOS green, bright purple, blue, pure yellow and orange colors used in combination; the CannaSOS green, bright purple, blue, pure yellow and orange colors used for sativa, kosher, indica, edible, hybrid cannabis strains; and the CannaSOS game chip designs (“Chips”), including all logos, designs, contents used for an in connection with CannaSOS.Shop and PTPWallet, are trademarks of Core State Holdings, Corp. You acknowledge and agree that you are not permitted to use these Chips or any third-party marks displayed on our Website without prior written consent from, respectively, Core State Holdings, Corp. or the owners of such third party marks.
In addition, logos, different types and forms of graphics, page headers, scripts, texts, button icons, and service names included in or made available through any Company Service are trademarks or trade dress of Core State Holdings, Corp., or its affiliates and business pages, in Canada, United States of America, and other countries. Core State Holdings, Corp., or its affiliates and business pages’ trademarks and trade dress may not be used in connection with any service or product that is not Core State Holdings, Corp.’s or its affiliates and business pages’, in any manner that disparages or discredits Core State Holdings, Corp. and its digital assets, and affiliates and business pages, or in any manner that is likely to cause confusion among users, Sellers, Registered Users, and possible customers. Any trademark that is not owned by Core State Holdings, Corp., or its affiliates that are registered and/or appear in any Website Service are the property of their respective owners. These owners may or may not be connected to, sponsored, or affiliated with Core State Holdings, Corp. or its affiliates and business pages.
- Core State Holdings, Corp. Contact Information
Please contact Core State Holdings, Corp. with any questions or comments about this Agreement.
Core State Holdings, Corp.
PO Box 24025 Bayshore PO,
Barrie, ON, L4N 1W3 Canada