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Get to know Cannavista's Terms and Conditions

1. ACCEPTANCE OF TERMS.

The following terms and conditions (“Agreement”) govern all use of cannavista.com website (the “Website”) and the services and software available on or through the Website (such services and software together with the Website shall be referred to as the “Service”). The Service is owned and operated by Cannavista, LLC (“Cannavista”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by Cannavista. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE TO ANY OF SUCH TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE. This Agreement applies to you and your use of the Service regardless of whether you use the Service to sell products (“Seller”), buy products (“Buyer”) or use the Service for any other reason.

2. MODIFICATIONS TO TERMS OF USE.

Cannavista reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time, without prior notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.

3. MODIFICATION, SUSPENSION OR DISCONTINUATION OF THE SERVICE.

Cannavista may modify, suspend or discontinue, temporarily or permanently, the Service or any portion thereof, in its sole discretion, at any time, without prior notice. Cannavista will not be responsible to you for a refund, in whole or part. You agree that Cannavista shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

4. DESCRIPTION OF CANNAVISTA.

Cannavista is an e-commerce website that allows people to buy and sell products and services within an online marketplace facilitated by Cannavista. Cannavista takes steps to ensure that products and services sold on the Website are in accordance with this Agreement and as described by Sellers. However, Cannavista is not directly involved in the transaction between Buyers and Sellers.

Consequently, Cannavista does not transfer legal ownership of such items from the Seller to the Buyer. As a result, Cannavista does not control the condition. quality, safety, morality or legality of any products or services sold on the Website, and Cannavista cannot verify the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. Cannavista does not pre-screen users, the information about products or services being offered for sale, or the products or services themselves sold on Cannavista. Cannavista cannot guarantee the true identity, age, and nationality of a user. Cannavista cannot ensure that a Buyer or Seller will actually complete a transaction. For these reasons, Buyers and Sellers use the Service solely at their own risk and Cannavista will not be responsible for the condition, quality, safety, morality, or legality of any products or services purchased or sold using the Service.

By using the Service, you further agree that Cannavista is not responsible or liable for any material, including without limitation information, data, software, text, design elements, graphics, videos, usernames, audio, profiles, images and other content (collectively, “Content”), uploaded by users of the Service.

Cannavista encourages you to communicate directly with potential transaction partners through the tools available on the Website. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

5. YOUR USE OF THE SERVICE.

You agree to use the Service only for purposes that are permitted by this Agreement and in compliance with all applicable laws and regulations, whether foreign or domestic. You must be at least 21 years of age to use the Service.

By using the Service as a Seller or Buyer, you agree to: (a) provide true, accurate, current, and complete information about yourself when prompted by the Website, and (b) promptly update such information to keep it accurate and current. If you provide information that is false, inaccurate, outdated, or incomplete, or if Cannavista reasonably suspects that you have done so, Cannavista reserves the right to suspend or terminate your account and refuse any current or future use of the Service.

Cannavista reserves the right, at its sole discretion, to immediately terminate your access to the Service without notice if it is determined or suspected that you are misusing, circumventing, or attempting to misuse the Service for any inappropriate, infringing, illegal, or fraudulent purpose. Cannavista may take legal action to recover damages, including lost revenue, legal fees, and other costs, and to seek injunctions or other equitable remedies.

Seller Obligations: If you are using the Service as a Seller, you are solely responsible for ensuring that your products comply with all applicable laws, including but not limited to intellectual property laws, product safety regulations, and tax obligations. Sellers may not engage in any prohibited business practices, including price-fixing, false advertising, or the sale of counterfeit or illegal goods. Cannavista reserves the right to remove listings or terminate accounts that violate these rules.

Products Associated with Marijuana: Certain products and services sold through the Service may be related to the cultivation, promotion, or use of marijuana. You expressly agree and acknowledge that:

  1. Cannavista is solely a technology services provider that facilitates transactions between independent buyers and sellers;
  2. Cannavista does not cultivate, manufacture, package, label, test, sell, or facilitate the sale of marijuana for any purpose;
  3. Any products sold through the Service that may be defined as paraphernalia under 21 U.S.C. 863 are intended solely for use with tobacco or concentrated essential oils by individuals over the age of 21;
  4. Products derived from agricultural hemp (as defined in the Agriculture Improvement Act of 2018), such as CBD oil, may only be sold to residents domiciled in states where such products are legal.

Legal Compliance: Marijuana is a Schedule 1 controlled substance under the United States Controlled Substances Act. Under U.S. federal law and certain state laws, the manufacturing, distributing, dispensing, or possession of marijuana is illegal, and individuals may be subject to arrest and prosecution for doing so. In addition, under 21 U.S.C. 863 and similar state laws, it is illegal to (i) sell or offer to sell drug paraphernalia, (ii) use the mail or any interstate commerce facility to transport drug paraphernalia, or (iii) import or export drug paraphernalia. You acknowledge that medical use is not recognized as a valid defense under federal law, and the interstate transportation of marijuana remains a federal offense.

You agree that your use of the Service, including the use, sale, or procurement of products or services offered through the Website, will comply with all applicable laws and regulations in your jurisdiction. You are solely responsible for determining whether your use of the Service complies with applicable laws in your region.

6. ACCOUNT, PASSWORD AND SECURITY.

As part of the Service registration process, you will create a password and account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Cannavista shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised account information. You agree to immediately notify Cannavista of any unauthorized use of your password or account or any other breach of security related to the Service, and ensure that you exit from your account at the end of each session. Cannavista cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section.

Cannavista uses commercially reasonable security measures to protect against the loss, misuse, and alteration of the information under our control, including credit card information that is submitted to Cannavista. When you place an order or access your account information, the Website uses secure server software (SSL), which encrypts all information you input before it is sent to us.

We cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update and test our technology in order to improve the protection of customer information. Cannavista makes no representations or warranties with regard to the sufficiency of these security measures and, Cannavista shall not be responsible for any actual or consequential damages that result from a security breach.

7. CONDUCT.

Whether you use the Service as a Seller, Buyer, or otherwise, you are solely responsible for all content, in any form, that you provide or make available through the Service, including but not limited to content shared with other users of the Service. You agree that Cannavista is not responsible for any content uploaded by users, and you use the Service at your own risk.

You agree not to use the Service to:

  • Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
  • Harm minors in any way;
  • Impersonate any person or entity, including but not limited to a Cannavista representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
  • Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or contractual/fiduciary relationship (such as proprietary and confidential information learned as part of employment or nondisclosure agreements);
  • Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights or proprietary rights of any person or entity;
  • Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in areas designated for such purposes;
  • Upload, post, email, transmit, or otherwise make available any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  • Violate any applicable laws or regulations (foreign or domestic), including but not limited to laws related to the sale, purchase, or use of marijuana or paraphernalia, or any securities or resale regulations; or
  • Stalk or otherwise harass any person or entity.

Liability for User-Generated Content: You acknowledge and agree that Cannavista is not liable for any content uploaded by users of the Service, and Cannavista does not pre-screen content. However, Cannavista reserves the right, at its sole discretion, to monitor, remove, or modify any content that violates this Agreement or is otherwise deemed inappropriate. You agree to indemnify and hold Cannavista harmless from any claims arising from content you upload or make available through the Service.

Intellectual Property Compliance: By submitting any content through the Service, you represent and warrant that you have all necessary rights to that content and that it does not violate the rights of any third party. If your content is found to infringe any intellectual property rights, Cannavista reserves the right to remove the content and may terminate your account for repeated violations. You agree to indemnify Cannavista for any claims, liabilities, or damages arising from intellectual property disputes related to your content.

Right to Use Content: By uploading, posting, or otherwise making available any content through the Service, you grant Cannavista a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, distribute, publicly display, and create derivative works from such content in any media, now known or later developed, for any purpose.

Cannavista reserves the right to remove any content or terminate access to the Service for any user who violates this Agreement, at its sole discretion and without prior notice.

8. MONITORING.

Whether you are using the Service as a Seller, Buyer or otherwise, you acknowledge that Cannavista does not pre-screen any Content provided or made available by you or any third-party in connection with the Service, but that Cannavista and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor alter, edit, or remove any Content you contribute, provide or make available to the Website (“Your Content”), in whole or in part, and/or (ii) rescind and terminate your right to use the Service for any reason or no reason. You acknowledge and agree that Cannavista may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce this Agreement, (c) respond to claims that any of Your Content violates the rights of third parties, or (d) protect the rights, property or personal safety of Cannavista, its users and/or the public. You understand that the technical processing and transmission of the Service, including Your Content, may involve (A) transmissions over various networks, and (B) changes to conform and adapt to technical requirements of connecting networks or devices.

9. SOFTWARE.

You shall not, nor permit anyone else to, directly or indirectly: (i) modify or otherwise create derivatives of any part of the Service, (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law), (iii) rent, lease, resell, distribute or use the Service for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling products or services through the Service as a Seller), (iv) remove or alter any proprietary notices or labels on or in the Service or (v) engage in any activity that interferes with or disrupts the Service.

If you are allowed to download any software in connection with the Service (“Software”), subject to the terms and conditions of this Agreement, Cannavista grants you a personal, nontransferable, nonsublicensable, revocable, terminable, nonexclusive license to use the Software solely for your personal use, and only in accordance with this Agreement and the written instructions/directions (if any) provided by Cannavista. For clarity, the Software will be deemed a part of the “Service” hereunder.

10. RATINGS AND REVIEWS.

Cannavista reserves the right, but not the obligation, to refuse to post or to remove any review or rating created by any user of the Service if Cannavista determines, in its sole discretion, that it contains or features any of the following: (a) offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/ discriminatory speech), (b) references to illegal activity, (c) reviews that do not address the products and services of the business or reviews with no qualitative value, (d) language that violates the standards of good taste or the standards of Cannavista, (e) information or statements that are or appear to be false, or (f) comments that disparage Cannavista.

All ratings and reviews created by users on the Website reflect the opinions of others. Cannavista disclaims any and all representations or warranties with regard to such ratings and reviews. Reviews and ratings do not reflect the views of Cannavista or its affiliated companies, or its employees, officers, directors, or shareholders. Cannavista does not assume responsibility or liability for any review or rating.

11. PAYMENT METHODS AND FEES.

Payments on Cannavista are processed through PayPal or other third-party payment service methods (“FPM”). Sellers and Buyers execute their transactions through the FPM and are subject to the terms and conditions of the relevant FPM service provider. Cannavista is not affiliated with, and does not have any agency or employment relationship with, any FPM service provider, Seller, Buyer, or any of Seller’s customers. Cannavista disclaims all liability arising from the acts or omissions of any FPM service provider, Seller, Buyer, or any third party.

Escrow and Payment Holds: To ensure transaction security and mitigate the risk of disputes or fraud, Cannavista reserves the right to hold payments for up to 14 days, or for a longer period at Cannavista’s discretion, until a transaction has been verified as complete. Payment holds may apply in the following circumstances:

  1. High-value transactions or large orders;
  2. New or unverified Sellers;
  3. Disputes raised by Buyers or Sellers;
  4. Unusual or suspicious transaction activity;
  5. When required by law or regulatory requirements.

During the payment hold, Cannavista may retain the funds in escrow until the Buyer confirms receipt of goods or services, or until the dispute is resolved. Cannavista will release the funds to the Seller once the transaction is deemed complete and all conditions are satisfied.

Subscription Plans and Fees: Cannavista offers three fee structures to Sellers:

  • Individual Seller Plan: For Sellers with up to 10 products
    • Monthly Subscription Fee: None
    • Fee per Sale Transaction: $0.99 + 10% of the total sale price (including shipping, handling, and other charges) + payment processing fees.
  • Professional Seller Plan: For Sellers with up to 30 products
    • Monthly Subscription Fee: $19.99/month
    • Fee per Sale Transaction: $0.99 + 8.5% of the total sale price (including shipping, handling, and other charges) + payment processing fees.
  • Ultimate Seller Plan: For Sellers with 30 or more products
    • Monthly Subscription Fee: $39.99/month
    • Fee per Sale Transaction: $0.99 + 6.5% of the total sale price (including shipping, handling, and other charges) + payment processing fees.

Automatic Renewal of Subscription Plans: Sellers enrolled in the Professional or Ultimate Seller Plans agree that their subscriptions will automatically renew at the end of each monthly billing cycle unless canceled. The renewal will be charged to the payment method on file. To avoid charges for the next billing cycle, Sellers must cancel their subscription at least seven (7) days before the renewal date. Cannavista will send a reminder before the renewal date via email. Sellers may cancel at any time by following the cancellation instructions in their account settings or by contacting Cannavista support.

Changes to the Fee Policy are effective after Cannavista provides at least fourteen (14) days’ notice by posting the changes on the Website. Cannavista may temporarily modify the Fee Policy for promotional events (e.g., free listing days), with changes effective as soon as they are posted. In the event Cannavista introduces new services, the fees for those services will take effect at launch. Unless otherwise stated, all fees are in U.S. Dollars (USD).

Cannavista automatically deducts all fees from your payment account. Sellers on the Professional or Ultimate Seller Plans must maintain a valid credit card on file with Cannavista. If there are insufficient funds in your payment account, Cannavista may charge your credit card for any outstanding subscription fees. Sellers are responsible for all subscription charges, including those for goods or services that are subsequently canceled or refunded.

Fee Avoidance: Any action by Sellers to avoid paying fees to Cannavista is strictly prohibited. This includes, but is not limited to, encouraging Buyers to complete transactions outside of the Cannavista platform. Transactions initiated on Cannavista must be completed through the platform. Sellers must provide accurate pricing and may not alter the item’s price after a sale to avoid fees, misrepresent the item’s location, or use another user's account without permission.

12. TAXES.

As a Seller, you are solely responsible for the collection, reporting, and payment of all applicable taxes, duties, or other government-imposed fees related to your use of the Service and the sale of goods through Cannavista, except for taxes based on Cannavista’s income. This includes, but is not limited to, sales tax, value-added tax (VAT), goods and services tax (GST), or any other applicable local, state, federal, or international taxes. You agree to indemnify and hold Cannavista harmless from and against any liability arising from your failure to collect, report, or remit such taxes.

Cannavista reserves the right to withhold payment of any amounts owed to you if it suspects or determines, in its sole discretion, that such amounts have been generated in: (a) a fraudulent manner, (b) violation of this Agreement, or (c) violation of any applicable laws or regulations (domestic or foreign). Such withholding may be temporary or permanent, as determined by Cannavista.

Cannavista provides the Service solely as a technology platform and does not offer legal or tax advice. It is your responsibility to research and comply with all applicable tax laws related to your sales through Cannavista. Tax regulations may vary significantly based on your location and the location of your Buyers. If you are unsure how to collect, report, or remit taxes, you are encouraged to consult a tax professional or other relevant expert.

Cannavista may, in its discretion and to the extent required by law, collect and remit taxes on your behalf in certain jurisdictions. If this occurs, Cannavista will notify you of any obligations related to such tax collection.

13. CANNAVISTA CONTENT.

You agree that all Content contained in or delivered via the Service or otherwise made available by Cannavista at the Website (collectively, “Website Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Cannavista may own the Website Content or portions of the Website Content may be made available to Cannavista through arrangements with third parties. Except as expressly authorized by Cannavista in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Website Content, or post any Website Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Website Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Website Content for any other purpose is strictly prohibited without the express prior written permission of Cannavista. You shall use the Website Content only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

14. TRADEMARK INFORMATION.

The trademarks, service marks and logos of Cannavista (the “Cannavista Trademarks”) used and displayed in connection with the Service are trademarks, trade names or service marks of Cannavista. Other third-party trademarks, trade names or services marks used in connection with the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”). Third-Party Trademarks and Cannavista Trademarks shall be referred to collectively as “Trademarks.” Nothing contained in this Agreement, nor your use of the Service, shall constitute or be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of Cannavista specific for each such use. You further agree not to use any Trademark to disparage Cannavista, the Service, or any third party, or third-party products or services, in any manner that, in Cannavista’s sole discretion, may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Cannavista approves the establishment of such a link by prior written consent. All goodwill generated from the use of any Cannavista Trademark shall inure to Cannavista’s benefit.

15. USER CONTENT.

You acknowledge and agree that with respect to Your Content, whether as a Seller, Buyer or otherwise, you hereby grant to Cannavista a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights (but no other rights) you have in Your Content, in any media now known or not currently known, with respect to Your Content. You agree to allow Cannavista to store, translate or re-format Your Content on Cannavista and display Your Content on Cannavista in any way Cannavista chooses without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that none of Your Content (i) infringes, violates, misappropriates or otherwise conflicts with the rights of any third party, and (ii) violates any applicable laws or regulations (foreign and domestic). Cannavista reserves the right to remove any of Your Content from the Website at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or for no reason.

16. THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Cannavista provides a process for copyright owners to seek removal of content that they believe, in good faith, infringes their copyright under U.S. copyright law. If you believe that any content made available in connection with the Service infringes your copyright, you (or your authorized agent) may submit a written notice (a “DMCA Notice”) requesting that the infringing content be removed or that access to it be blocked.

To be effective, the DMCA Notice must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has allegedly been infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notice, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Cannavista to locate the material;
  • Information reasonably sufficient to permit Cannavista to contact the complaining party, such as an address, telephone number, and, if available, an email address;
  • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the copyright that has allegedly been infringed.

Upon receiving a valid DMCA Notice, Cannavista will promptly remove or disable access to the allegedly infringing material and notify the alleged infringer that such material has been removed or disabled.

Counter-Notice: If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notice to Cannavista, in accordance with the DMCA. To be valid, a counter-notice must contain:

  • A physical or electronic signature of the user;
  • Identification of the material that has been removed or disabled, and the location where the material appeared before it was removed or disabled;
  • A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • The user’s name, address, telephone number, and email address; and
  • A statement that the user consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which Cannavista may be found, and that the user will accept service of process from the person who provided the original DMCA Notice or an agent of such person.

Upon receiving a valid counter-notice, Cannavista may, at its discretion, restore the removed content, unless the copyright owner files a court action seeking to restrain the allegedly infringing activity.

Repeat Infringers: Cannavista maintains a policy of terminating, in appropriate circumstances and at Cannavista’s sole discretion, users or account holders who are deemed to be repeat infringers. If you are a repeat infringer, Cannavista may terminate your account without prior notice.

Notices and counter-notices with respect to the Service should be sent to Cannavista’s designated DMCA Agent at the following address:

DMCA Agent Cannavista, LLC 8526 S 163rd St. Omaha, NE 68136 By Email: admin@cannavista.com

17. INDEMNITY.

You agree to defend, indemnify and hold Cannavista, and its affiliates, and their officers, agents, co-branders or other partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorney and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party (“Claim”) due to or arising out of: (i) Your Content, (ii) your use of, contribution to or connection with the Service, (iii) your violation of this Agreement, (iv) your violation of applicable laws or regulations (foreign and domestic) or (v) your violation or infringement of any rights of another. Cannavista shall provide notice to you of any such Claim. Cannavista reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Cannavista’s defense of such matter.

18. TERMINATION.

Cannavista, in its sole discretion, may terminate your password, account (or any part thereof) and/or your right to use the Service, and remove and discard any and all of Your Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Cannavista, or if Cannavista believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your right to use the Service may be effected without prior notice, and acknowledge and agree that Cannavista may immediately deactivate or delete your account and Your Content and files related to your account and/or bar any further access to such files or the Service. Further, you agree that Cannavista shall not be liable to you or any third party for any termination of your right to use or otherwise access the Service. All provisions of this Agreement that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).

19. LINKS.

The Service may provide, or third parties may provide, links to other Internet websites or resources. Because Cannavista has no control over such websites and resources, you acknowledge and agree that Cannavista is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Cannavista shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

20. DISCLAIMER OF WARRANTIES.

CANNAVISTA, ON BEHALF OF ITS EQUITY HOLDERS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, THE SERVICE, THE WEBSITE CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT. CANNAVISTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE WEBSITE CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SERVICE. CANNAVISTA DOES NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE CANNAVISTA CONTENT, THIRD PARTY CONTENT OR OTHER CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE, AND THE WEBSITE CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

21. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANNAVISTA SHALL NOT BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CANNAVISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (III) DAMAGES ARISING FROM ANY MATTERS BEYOND CANNAVISTA’S REASONABLE CONTROL; OR (IV) DAMAGES IN EXCESS OF THE GREATER OF $500 OR THE TOTAL AMOUNT PAID BY YOU TO CANNAVISTA IN THE 12 MONTHS PRECEDING THE CLAIM.

CANNAVISTA SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTENT PROVIDED BY YOU OR ANY OTHER USER OF THE SERVICE, NOR FOR ANY TRANSACTIONS OR INTERACTIONS BETWEEN USERS OF THE SERVICE.

THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, CANNAVISTA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

22. RELEASE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SERVICE, YOU RELEASE US (AND OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

23. PRIVACY.

All information provided by you or collected by Cannavista in connection with the Service is governed by Cannavista’s Privacy Policy, located at cannavista.com, which is hereby incorporated into this Agreement.

Cannavista complies with applicable privacy laws, including the GDPR and CCPA. Users have rights regarding their personal information, including the rights to access, correct, delete, and restrict its processing, as outlined in the Privacy Policy. Requests to exercise these rights may be submitted via the methods specified in the Privacy Policy, and Cannavista will respond in accordance with applicable law.

Cannavista collects and processes personal information to provide and improve the Service and comply with legal obligations. Cannavista does not sell personal information to third parties.

Any information you voluntarily provide in public areas of the Service (e.g., reviews or comments) may be publicly accessible, and you are responsible for protecting your own personal information. Cannavista disclaims liability for unauthorized use of information you choose to disclose.

Cannavista uses reasonable security measures to protect personal data but cannot guarantee complete security. In the event of a data breach, Cannavista will notify affected users as required by law, typically within 30 days.

Cannavista is not responsible for the actions of other users or third parties who may access information you disclose publicly. You acknowledge that Cannavista is not liable for unauthorized access to your personal data resulting from such disclosures.

24. NOTICES.

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is:

Cannavista, LLC

8526 S 163rd St.

Omaha, NE 68136

By Email: admin@cannavista.com

25. APPLICABLE LAW/INTERNATIONAL ISSUES.

Personal information (“Information”) that is submitted to the Website will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. user, you acknowledge and agree that we may collect and use your Information, as discussed above, outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you have read this Agreement, understand it, agree to its terms and consent to the transfer of such Information outside your resident jurisdiction. If you do not consent to the terms of this Agreement, please do not use the Website, but if you have already provided us with Information, please contact us and let us know how you would like us to handle such Information.

25A. FORCE MAJEURE

Cannavista shall not be liable for any failure or delay in the performance of its obligations under this Agreement where such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, pandemics, strikes or labor disputes, embargoes, governmental orders, power or internet outages, mechanical or electronic failures, communication disruptions, or any other cause that is not reasonably foreseeable or within Cannavista’s control.

In the event of such a force majeure event, Cannavista’s obligations under this Agreement will be suspended for the duration of the event. Cannavista will use commercially reasonable efforts to mitigate the impact of the force majeure event and resume performance of its obligations as soon as reasonably possible. If the force majeure event continues for an extended period of time, either party may terminate the Agreement upon written notice.

Cannavista shall not be responsible for any loss, damage, or delay resulting from any force majeure event.

26. GENERAL.

This Agreement constitutes the entire agreement between you and Cannavista and governs your use of the Service, superseding any prior agreements or contemporaneous communications between you and Cannavista. Additional terms and conditions may apply when you use affiliate services, third-party content, or third-party software.

This Agreement and the provision of the Service to you are governed by the laws of the state of Nebraska, without regard to conflict of law provisions, as such laws are applied to agreements entered into and to be performed entirely within Nebraska by Nebraska residents.

Any controversy or claim arising out of or relating to this Agreement or the provision of the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Such arbitration shall be conducted on an individual basis, and shall not be consolidated with any arbitration involving any other party. The arbitration shall take place in Omaha, Nebraska, and judgment on the arbitration award may be entered in any court having jurisdiction.

However, you and Cannavista retain the right to seek interim or preliminary relief from a court of competent jurisdiction in Omaha, Nebraska, as necessary to protect the rights or property of you or Cannavista (or its agents, suppliers, and subcontractors) pending the completion of arbitration. By agreeing to arbitration, you waive any right to participate in class action claims or proceedings.

Jurisdiction-Specific Clauses: In some jurisdictions, mandatory arbitration or waiver of class action claims may not be enforceable. In such cases, arbitration will still be the preferred method of dispute resolution unless otherwise prohibited by local law, and the remaining provisions of this Agreement will continue to apply.

The failure of Cannavista to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of this Agreement will remain in full force and effect.

Statute of Limitations: You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within two (2) years after such claim or cause of action arose, or it shall be forever barred.

Please direct any queries or reports of violations of this Agreement to:

Cannavista, LLC 

 By Email: admin@cannavista.com