Last Updated: May 25 , 2017
1. Limited License to Use the Service.
You have no interest, monetary or otherwise, in any feature, content or availability of the HempFusion.com Websites, any data or any terms or conditions of access to or use of the HempFusion.com Websites.
2. Restrictions and Other Notifications.
2.1 You assume the cost of all access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to HempFusion.com Website servers.
2.2 MetaCan has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes, without any further notice to you.
2.4 MetaCan has the right to change, at any time, the (i) HempFusion.com Websites or the Service, including the termination, change, or addition of any content or feature, (ii) the fees or charges, if any, related to the use of the Service or HempFusion.com Websites, or (iii) the equipment, hardware or software necessary to use the Service or the HempFusion.com Websites.
2.5 The HempFusion.com Websites and Services are offered for use solely in the United States. MetaCan may restrict access or use from other locations.
2.6 MetaCan may from time to time offer certain contests, promotions and/or sweepstakes via the HempFusion.com Websites. You agree that your participation in such contests, promotions and/or sweepstakes is voluntary and will be subject to the specific official rules and/or terms and conditions provided in connection therewith.
3. Establishing an Account.
3.3 During the registration process, you will be required to select a user name and a password that are specific to the Account (collectively referred to hereunder as “Password”). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. MetaCan is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. MetaCan is not responsible in the event that the Account is “hacked,” or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account.
3.5 You agree to immediately notify MetaCan of any unauthorized use of your Password or Account or any other breach of security. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4.MetaCan Rules of Conduct.
The purpose of the HempFusion.com Website is to provide content, information, access and services related to HempFusion Products. By registering for an Account, you agree that:
- You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, “post”) on the HempFusion.com Websites.
- You will not post on the HempFusion.com Websites, or transmit to other users, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities including without limitation making or buying illegal weapons, identity theft, violating another’s right to privacy or providing or creating malicious computer programs (malware).
- You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
- You will not provide inaccurate, misleading or false information to MetaCan or to any other user. If information provided to MetaCan, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify MetaCan of such change.
- You will only create one unique profile with the Service.
- You will not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the Service. You will not transmit any chain letters or e-mails that offer or promote commercial goods, services, business opportunities or the like to other users.
- You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You are solely responsible for your interactions with other users. You agree to take normal precautions when meeting individuals through the Service.
- You understand that MetaCan makes no guarantees, either express or implied, regarding your well-being through the Service.
6.2 Copyright Infringement. 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 materials hosted on the HempFusion.com Websites infringe your copyright, you (or your agent) may send a notice requesting that the material be removed or access to it blocked to our Designated Copyright Agent, who can be reached as follows:
P: (877) 669-4367 x106
F: (877) 770-4264
708 Gravenstein Hwy N
Sebastopol, CA 95472
To be effective, the notice must include the following information, in compliance with Section 512(c) of the DMCA: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the HempFusion.com Websites are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MetaCan to locate the material on the HempFusion.com Website(s); (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) 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 an exclusive right that is allegedly infringed.
MetaCan’s Designated Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the HempFusion.com Website(s).
Please note that these notifications are legal notices. MetaCan may provide copies of such notices to the participants in the dispute, or to third parties, at MetaCan’s discretion and as required by law. Please note that the information provided in these notices is not protected or kept confidential.
6.3 MetaCan Trademarks. [HempFusion, MetaCan, Phospholivery] are trademarks or registered trademarks of MetaCan. You may not use MetaCan trademarks or trade dress in connection with any product or service that is not owned by MetaCan, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages MetaCan or its licensors. Except as expressly provided herein, MetaCan and its licensors do not grant you any express or implied rights, and all rights, title and interest that MetaCan has in and to the MetaCan trademarks, trade dress, or HempFusion.com Websites and the content therein that are not expressly granted by MetaCan to you are retained by MetaCan.
6.5 All comments, feedback, suggestions, ideas and other submissions disclosed or submitted to MetaCan (“Feedback”) will be the exclusive property of MetaCan. You hereby agree that MetaCan may use, sell, exploit and disclose the Feedback in any manner, without restriction, and without compensation to you.
8. Online Third Party Content
Opinions, advice, statements, offers, or other information or content made available by third parties through the Service (“Third Party Content”) are those of their respective authors, and you rely on such content at your own risk. The authors are solely responsible for such content. METACAN DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN METACAN. UNDER NO CIRCUMSTANCES WILL METACAN BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
12. Limitation of Liability.
NEITHER METACAN NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR HEMPFUSION WEBSITES (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES CONTAINED THEREIN), YOUR ACCOUNT, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE HEMPFUSION WEBSITES, EVEN IF METACAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT METACAN, ITS LICENSORS AND ITS LICENSEES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ON THE HEMPFUSION WEBSITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE METACAN’S, ITS LICENSORS’ AND ITS LICENSEES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE HEMPFUSION WEBSITES, OR ANY PART THEREOF, IS TO STOP USING THE HEMPFUSION WEBSITES. THE MAXIMUM AGGREGATE LIABILITY OF METACAN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT THAT YOU PAID (IF ANY) TO METACAN FOR THE SERVICE OR TO FIVE DOLLARS, WHICHEVER IS GREATER.
Some jurisdictions do not allow for the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentations, and failure to disclose defects), product liability, or for death or personal injury. Nothing in these Terms and Conditions will be interpreted as excluding liability which cannot be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations in this Section 12 may not apply to you.
13.1 THE INFORMATION, CONTENT AND MATERIALS ON HEMPFUSION WEBSITES AND SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, METACAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. METACAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY HEMPFUSION WEBSITE OR SERVICE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY HEMPFUSION WEBSITE, SERVICE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. METACAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY HEMPFUSION WEBSITES OR SERVICE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO FROM ANY HEMPFUSION WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13.2 MetaCan explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on websites that link to or from any HempFusion.com Website or Service. MetaCan cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from any HempFusion.com Website or Service or third-party information, content or materials contained on HempFusion.com Websites (including, without limitation, User-Generated Content). MetaCan does not endorse any of the merchandise, nor has MetaCan taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party website. MetaCan does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against MetaCan with respect to information, content and materials contained on HempFusion.com Websites (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to such third party websites (including, without limitation, credit card and other personal information).
13.3 NEITHER METACAN NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES WILL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE HEMPFUSION WEBSITES OR THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. MOREOVER, NEITHER METACAN NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES WILL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.
13.4 You may not be able to access HempFusion.com Websites whenever you want, and there may be extended periods of time where you cannot access HempFusion.com Websites. MetaCan disclaims all responsibility and liability for any interrupted Service or access to the HempFusion.com Websites.
13.5 MetaCan will not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of MetaCan; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond MetaCan’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
15. General Provisions.
15.1 Links. You should be aware that when you are using the Service or HempFusion.com Websites, you could be directed to other websites that are beyond MetaCan’s control. There may be links to other sites from the HempFusion.com Websites or Service that take you away from the HempFusion.com Websites. These links are for convenience only and you access them at your own risk. MetaCan takes no responsibility and assumes no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.
 NTD: If users will have an opportunity to post content on the HempFusion.com website, we recommend registering a designated agent with the US Copyright Office and including a provision, such as this, regarding the Digital Millennium Copyright Act. Registration will allow MetaCan to take advantage of the safe harbor protections of the DMCA in the United States. The basic filing fee is $105 and the registration form can be accessed here: http://copyright.gov/onlinesp/agent.pdf.