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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 shall use the Service only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic). You must be 21 years of age to use the Service.


Whether you use 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) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cannavista has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cannavista has the right to suspend or terminate your account and refuse any and all of your current or future use of the Service (or any portion thereof).

If it is determined or suspected by Cannavista, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Service, or are using or attempting to use the Service for any inappropriate, infringing, illegal or fraudulent purpose, Cannavista reserves the right, in its sole discretion, to immediately terminate your access to the Service without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

Certain products and services that may be purchased and sold through the Service may be associated with the cultivation, promotion, sale or use of marijuana. You expressly agree and acknowledge that (i) Cannavista is solely a technology services provider that brings together buyers and sellers who engage in independent transactions; (ii) Cannavista does not cultivate, manufacture, package, label, test, sell or facilitate the sale of marijuana for any purpose; (iii) any products purchased or sold through the Service that may be defined as paraphernalia under 21 U.S.C. 863 are traditionally and solely intended for tobacco use or concentrated essential oils by adults over the age of 21; and (iv) to the extent any transactions result in the sale of products derived from agricultural hemp (as defined in the Agriculture Improvement Act of 2018), such as CBD oil, such products may only be sold to residents domiciled in states where such products are legal.

Marijuana is included on Schedule 1 under the United States Controlled Substances Act. Under the federal laws of the United States of America as well as the laws of certain states, the manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. In addition, under 21 U.S.C. 863 and similar laws of certain states, it is illegal to (i) sell or offer to sell drug paraphernalia, (ii) use the mails or any other facility of interstate commerce to transport drug paraphernalia or (iii) import or export drug paraphernalia, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under such laws regarding marijuana. You also acknowledge that the interstate transportation of marijuana is a federal offense. You agree that your use of the Service (including the use, sale or procurement of products and services offered through the Website) shall be conducted only in compliance with applicable laws and regulations (foreign and domestic) and that you are solely responsible for determining whether such use of the Service in your jurisdiction is in compliance with such laws and regulations.


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 are using the Service as a Seller, Buyer or otherwise, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Service, including to Sellers, Buyers and other users of the Service. 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, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

· harm minors in any way;

· impersonate any person or entity, including, but not limited to, a Cannavista representative or forum leader, 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 under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

· upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property 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 those areas that are designated for such purpose and within the scope of such designation;

· 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 or 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;

· intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) laws and regulations (foreign or domestic) related to the sale, purchase or use of marijuana and related paraphernalia, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (iii) laws and regulations (foreign or domestic) regarding the sale or resale of products and services (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or

· stalk or otherwise harass any person or entity.

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 will be transacted through PayPal or other third-party payment service methods (“FPM”).

When using a FPM, Sellers and Buyers effect the applicable monetary payment transaction through the FPM service, and are bound by the applicable terms of use governing the FPM service. Cannavista is not affiliated with, and has no agency or employment relationship with, any FPM service provider, Seller, Buyer or any of Seller’s other customers. Cannavista has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any FPM service provider, Seller, Buyer or any of Seller’s other customers. When using any other third-party service provider in conjunction with the Service, you, whether as a Seller, Buyer or otherwise, are bound by the applicable terms of use governing the third-party service provider’s service. Cannavista is not affiliated with, and has no agency or employment relationship with, any third-party service providers, and Cannavista has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any third-party service provider.

Cannavista offers two fee structures to Sellers, which are outlined in the table below (“Fee Policy”).

Low Volume Plan

High Volume Plan

Intended Use

Sellers that expect to have thirty (30) or fewer transactions per month

Sellers that expect to have more than thirty (30) transactions per month

Monthly Subscription Fee

None

$29.99/month

Fee per Sale Transaction

$0.99 per sale transaction + 10% of the total price of the sale transaction (including shipping, handling, and any other charges assessed by Seller) + payment processing fees

10% of the total price of the sale transaction (including shipping, handling, and any other charges assessed by Seller) + payment processing fees

Changes to the Fee Policy are effective after Cannavista provides you with at least fourteen (14) days’ notice by posting the changes on the Website. However, Cannavista may choose to temporarily change the Fees Policy and the fees for Cannavista’s services for promotional events (for example, free listing days). Such changes are effective when Cannavista posts the temporary promotional event on the Website. Cannavista may, at Cannavista’s sole discretion, change some or all of Cannavista’s services at any time. In the event Cannavista introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

Cannavista will automatically deduct all fees owed from your payment account. Provided you have sufficient funds in your payment account, no further payment action is required. Sellers that choose the High Volume Plan agree to keep a valid credit card on file with Cannavista. Cannavista will charge such Sellers monthly for the subscription charges set forth in the Fee Policy in the event there are insufficient funds in any Seller’s payment account for such charges. Sellers that choose the High Volume Plan are liable for all subscription charges incurred, including with respect to goods and services sold and then subsequently cancelled by a Buyer or refunded by a Seller.

Any action by a Seller to avoid paying any fees to Cannavista is considered fee avoidance and is strictly prohibited by Cannavista. This includes, for example, encouraging Buyers to purchase an item sold by you via the Service through another venue. A transaction initiated on Cannavista may not be completed off of Cannavista. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item's price after a sale for the purpose of avoiding Cannavista fees, misrepresent the item’s location, or use another user's account without permission.

12. TAXES.


If you are using the Service as a Seller, you are responsible for (and will indemnify and hold Cannavista harmless against) the collection and payment of all taxes associated with your sale of goods through the Service (excepting taxes based on Cannavista’s income). Cannavista reserves the right to withhold the payment of any amounts owed to you hereunder if Cannavista suspects or determines 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 (foreign or domestic). Such withholding may be temporary or permanent (as determined by Cannavista).


As a technology services provider, Cannavista can't provide specific tax advice. It's up to each Seller to research their local laws about collecting and reporting taxes for their Cannavista sales. Tax regulations can vary greatly by location. If you're unsure how to charge tax, we encourage you to consult an accountant or other experts in your area


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.


The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then- current statutory requirements imposed by the DMCA (see https://www.loc.gov/copyright for details). Notices and counter notices with respect to the Service should be sent to Cannavista by mail:


Copyright 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.


CANNAVISTA SHALL NOT BE LIABLE WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, 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) AMOUNTS IN THE AGGREGATE IN EXCESS OF US$100.00, OR (IV) ANY MATTERS BEYOND CANNAVISTA’S REASONABLE CONTROL. CANNAVISTA SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE 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, a copy of which is located at cannavista.com, which is hereby incorporated by reference into this Agreement.

Any information submitted or provided by you to the Service may be publicly accessible. You should take care to protect private information or information that is important to you. Cannavista shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Service, this information may become public. Cannavista does not control and shall not be responsible for the acts of you or any other users of the Service.


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.


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. You also may be subject to additional terms and conditions that 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 finally settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Omaha, Nebraska, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, subject to the foregoing arbitration provision, you and Cannavista agree to submit to the personal jurisdiction of the courts located within the city of Omaha, Nebraska with respect to you or Cannavista seeking any interim or preliminary relief from a court of competent jurisdiction in Omaha, Nebraska necessary to protect the rights or property of you or Cannavista (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

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 nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

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

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

Cannavista, LLC

By Email: admin@cannavista.com