Terms of Use

Last Updated: May 25 , 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY HEMPFUSION WEBSITE

The term “HempFusion.com Website(s)” will hereinafter be used collectively to refer to all websites owned and/or controlled and operated by MetaCan Medicinals, Inc., HempFusion LLC or any of their subsidiaries, affiliates, agents, licensees or assigns, and which have an affixed hyperlink to these Terms of Use. The term “MetaCan” refers to MetaCan Medicinals, Inc., a Nevada corporation, and any of its subsidiaries and affiliates. THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT (THE “TERMS OF USE”) BETWEEN YOU AND METACAN. BY SIGNING UP FOR AN ACCOUNT OR USING ANY HEMPFUSION WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF USE, DO NOT USE THE ACCOMPANYING HEMPFUSION WEBSITES.

MetaCan reserves the right to modify these Terms of Use. MetaCan will post notification of any such changes on the HempFusion.com Website in question, and will post any revised Terms of Use in this location, and may provide such other notice as MetaCan may elect.  Your continued use of HempFusion.com Websites following notice of changes to these Terms of Use will mean you accept any and all such changes, effective as of the date of such change.  If any future changes to these Terms of use are unacceptable to  you or cause you to no longer be in compliance with these Terms of Use, you may cease use of the HempFusion.com Websites and terminate your Account (as defined below).

1. Limited License to Use the Service.

All use of any HempFusion.com Website services that link to these Terms of Use (the “Service”), whether accessed directly or through a third party website (e.g., a social network), and the relationship between MetaCan and you, with respect to your use of the Service, is governed by these Terms of Use. Subject to your compliance with and acceptance of the terms and conditions set forth in these Terms of Use, you may use the Service for your non-commercial purposes. Moreover, you agree to be bound by any application, forum or service specific rules or licenses published within the Service.  Any use of the HempFusion.com Websites not in accordance with the Terms of Use, or other express terms or conditions is expressly prohibited.

By accessing and using the Service, you represent that, if you are a legal resident of the United States, you are at least eighteen (18) years old, and agree to these Terms of Use.

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.

2.3 MetaCan has the right to obtain “non-personal” data from your connection to the HempFusion.com Websites in order to make certain demographic assumptions regarding the users of HempFusion.com Websites without any further notice to you.  For more information about MetaCan’s use of information collected from the HempFusion.com Websites, please review MetaCan’s Privacy Policy at https://hempfusion.com/privacy-policy/

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.

3.1 In order to access and use the HempFusion.com Websites and Service, you may be required to sign up for an Account (as defined below). You may establish one (1) user account, or access the Service through one (1) account on a third party website or service through which the Service is available (e.g., a social network) (the “Account”) pursuant to the terms, conditions and restrictions contained in these Terms of Use. In order to establish an Account, you must be 18 or older. You may not share the Account with anyone. You are liable for all uses of the Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and will forever be owned by MetaCan. MetaCan reserves the right to terminate an Account without notice if it believes, at its own discretion, that a user is under the age of 18.

3.2 To register for an Account you will be required to provide MetaCan with certain information about yourself, including, but not limited to, your first and last name, e-mail address, username, date of birth, language and time-zone. You may also have the opportunity enter credit card information and billing address if you will be purchasing items through the Service. All of the information you provide to MetaCan or that MetaCan collects from you will be subject to the terms and conditions of these Terms of Use and MetaCan’s Privacy Policy, which is incorporated herein by reference. As such, it is imperative that you provide MetaCan with accurate, up to date information. In the event that MetaCan learns that you have provided false or misleading registration information, MetaCan reserves the right to immediately terminate and disable or delete the Account. MetaCan is not responsible for any loss or damages arising from your failure to provide accurate information.

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.

3.4 MetaCan does not recognize the transfer of Accounts. You may not offer any Account for sale or trade, and any such offer is a violation of these Terms of Use and will result in termination of 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.

3.6 You are entirely liable for all activities conducted through the Account, and are responsible for ensuring that any other person who uses your Account is aware of the terms of and complies with these Terms of Use.

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:

  1. 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.
  2. 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).
  3. 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.
  4. 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.
  5. You will only create one unique profile with the Service.
  6. 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.
  7. 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.
  8. You are solely responsible for your interactions with other users. You agree to take normal precautions when meeting individuals through the Service.
  9. You understand that MetaCan makes no guarantees, either express or implied, regarding your well-being through the Service.
  10. You will promptly report to MetaCan any violation of these Terms of Use by other users.
  11. MetaCan reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. MetaCan has the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of these Terms of Use. Notwithstanding this right of MetaCan, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL AND OTHER MESSAGES.

5. Consequences of Violating the MetaCan Terms of Use.

MetaCan may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of the HempFusion.com Websites and Service. Violation of any of the terms and conditions set forth above may result in actions being taken by MetaCan, effective immediately or at a time determined by MetaCan, which may include without limitation: (i) temporarily suspending your Account and access to the HempFusion.com Websites and Service, or (ii) permanently terminating your Account and access to the HempFusion.com Websites and Service. Without limiting the foregoing, MetaCan retains the right to decline service to any user who violates these Terms of Use.

6. Ownership.

6.1 All title, ownership rights and intellectual property rights in and to the Service and the HempFusion.com Websites (including without limitation any user accounts, software, titles, computer code, technology, artwork, trademarks, copyright, moral rights, any related documentation and the HempFusion.com Website) are owned by MetaCan or its licensors. The HempFusion.com Websites is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Service and HempFusion.com Websites may contain certain licensed materials, and MetaCan’s licensors may protect their rights in the event of any violation of these Terms of Use.

6.2 Copyright Infringement.[1] 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:

Ryan Griffith
info@hempfusion.com
P: (877) 669-4367 x106
F: (877) 770-4264
708 Gravenstein Hwy N
Suite 188
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.

6.4 License Grant of User-Generated Content to MetaCan and Others. If and when you contribute  content to the HempFusion.com Websites (“User-Generated Content”), you expressly grant to MetaCan a non-exclusive, perpetual, worldwide, fully paid, royalty-free, sub-licensable, transferable and irrevocable right to publish, use,  translate, archive, store, reproduce, modify, create derivative works from, distribute and otherwise communicate, and publicly display and publicly perform the User-Generated Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant MetaCan all licenses, consents and clearances to enable MetaCan to use such User-Generated Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User-Generated Content. If the HempFusion.com Website to which you contribute User-Generated Content permits others to access and use that content as part of the HempFusion.com Websites or Services, then you also grant all other users of the relevant HempFusion.com Website or Services the right to use, copy, modify, display, perform, create derivative works from and otherwise communicate and distribute your User-Generated Content on or through the HempFusion.com Website(s) without further notice, attribution or compensation to you.  You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User-Generated Content will not violate any law, including that such User-Generated Content does not infringe on any third party copyrights, trademarks, or other intellectual property or privacy rights.  MetaCan reserves the right to remove or modify User-Generated Content if it violates these Terms of Use or is offensive.  Except as otherwise provided in these Terms of Use, MetaCan does not claim any ownership rights in User-Generated Content.

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.

7. Termination.

Notwithstanding anything to the contrary in these Terms of Use, MetaCan reserves the right to suspend, permanently discontinue or terminate the Service, the HempFusion.com Website(s), and your Account, or your access to any of the foregoing, at any time. IN THE EVENT OF ANY SUSPENSION, DISCONTINUATION OR TERMINATION OF THESE TERMS OF USE, THE SERVICE, HEMPFUSION WEBSITES, OR YOUR ACCOUNT, YOU WILL NOT BE ENTITLED TO ANY REFUNDS OR OTHER COMPENSATION FOR ANY REASON.

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.

9. Jurisdiction.

These Terms of Use will be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of any state and federal courts located in the County of Sonoma, California, United States of America for any claims or proceeding arising out of or related to these Terms of Use or the HempFusion.com Websites or Services, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

10. Severability.

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between you and MetaCan relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and MetaCan with respect to such subject matter.

11. Waiver.

The failure by MetaCan to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

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. Disclaimers.

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.

14. Privacy Policy.[2]

You understand that any information provided by you or collected by MetaCan in connection with your use of the Service and HempFusion.com Websites will be used in the manner described herein and pursuant to the terms and conditions of the MetaCan Privacy Policy, such Privacy Policy being incorporated into and made a part of these Terms of Use by reference. The latest version of the MetaCan Privacy Policy. If you do not agree to the terms of the Privacy Policy, you may not use the Service or HempFusion.com Websites. Without limiting the terms of the Privacy Policy, you understand that MetaCan does not guarantee that your use of the Service, HempFusion.com Websites or the information contained in your Account will be private or secure, and MetaCan is not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.

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.

15.2 Indemnification of MetaCan.  AS A CONDITION OF YOUR ACCESS TO AND USE OF THE HEMPFUSION WEBSITES OR SERVICE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD METACAN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS AND OTHER REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (i) YOUR ACCESS TO AND USE OF THE HEMPFUSION WEBSITES OR SERVICE AND THE CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, ANY ALLEGATIONS THAT ANY CONTENT YOU SUBMIT OR TRANSMIT WHILE USING THE HEMPFUSION WEBSITE OR SERVICE INFRINGES OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS, PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PERSON OR PARTY; (ii) YOUR VIOLATION OF THESE TERMS OF USE, THE METACAN PRIVACY POLICY, ANY SPECIFIC RULES PUBLISHED WITHIN THE HEMPFUSION WEBSITES OR SERVICE AND ANY APPLICABLE LAW OR THE RIGHTS OF ANY OTHER PERSON; (iii) ANY DISPUTE YOU HAVE OR CLAIM TO HAVE WITH ONE OR MORE USERS OF THE HEMPFUSION WEBSITES OR SERVICE; (iv) METACAN’S RESOLUTION (IF ANY) OF ANY DISPUTE YOU HAVE OR CLAIM TO HAVE WITH ONE OR MORE USERS OF THE HEMPFUSION WEBSITES OR SERVICE; (v) YOUR IMPROPER AUTHORIZATION FOR METACAN TO COLLECT, USE, OR DISCLOSE ANY DATA OR CONTENT PROVIDED BY YOU; AND (vi) ANY DISCLOSURES MADE WITH YOUR PERMISSION (INCLUDING, WITHOUT LIMITATION, YOUR CONSENT THAT METACAN DISCLOSE YOUR PERSONAL INFORMATION AND OTHER INFORMATION COLLECTED AS SET FORTH IN METACAN’S PRIVACY POLICY).

 

[1] 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.

[2] We recommend updating your Privacy Policy to include statements as to collection and use of a user’s payment information. For example, if MetaCan will be using a third party payment process and will not collect the payment information directly, MetaCan should state that the collection of payment information is governed by the payment processor’s privacy policy and include a link to the applicable policy.

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