UNDER THESE TERMS & CONDITIONS YOU ARE AGREEING TO BINDING ARBITRATION AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
These Telephone/Messaging Terms & Conditions (the “Terms” or “Terms & Conditions”) govern all communications to or from PharmaCann, Inc. and its subsidiaries, affiliates, parents, and entities with which it is affiliated, including, but not limited to, Verilife (referred to collectively as “PharmaCann”, “we”, “us” or “our”), including without limitation communications made through the use of short messaging service (“SMS”), multimedia messaging service (“MMS”), or successor protocols or technologies (collectively, “text messages”), and telephone communications of any kind (text messages and telephone communications of any kind are collectively referred to as “communications”), and constitute an agreement between you and us.
AGREEMENT DETAILS & NOTICES
By opting in to the PharmaCann text alert program, you are agreeing to receive ongoing and recurring automated informational and marketing text messages from PharmaCann, or third-parties acting on its behalf, to the telephone number you provide. These messages may include information about products, promotions, reminders, operational hours, new product launches, events, as well as information regarding your VeriVIP account and rewards . Your consent is not a condition of purchase and you can stop at any time. Text HELP to 833-345-1667 for additional help and/or STOP to 833-345-1667 to cancel. PharmaCann shall not be responsible or liable for the accuracy, usefulness or availability, of information transmitted via this text service. PharmaCann makes no warranty that (A) the text service is compatible with your equipment, (B) the service will meet your requirements, (C) the service will be uninterrupted, timely, secure or error-free, or (D) the results that may be obtained from the use of the service will be secure, complete, accurate or reliable. You will be solely responsible for any damage to your equipment by virtue of the use of the text alerts service. Standard text messaging and data rates may apply through your service provider.
Call Recording and Monitoring
You acknowledge that telephone calls, voicemails, messages and texts to, from or through the Services, together with its agents, independent contractors (including you and other users), and affiliates, may be monitored and recorded and you consent to such monitoring and recording.
Your Provision of Telephone Numbers and Other Contact Information
You verify that any contact information provided to PharmaCann, our respective agents and affiliates, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account access at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to 833-345-1667 or any text message you receive from us. In the event that you get a new telephone number, you will need to contact us.
Your Consent to Receive Automated Communications
You acknowledge that by voluntarily providing your telephone number(s) to PharmaCann and our respective agents and affiliates, you expressly agree to receive automated communications, including, artificial voices, pre-recorded voice messages and/or auto-dialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from PharmaCann, its agents, independent contractors, and affiliates related to promotions, discounts, coupons, events and sweepstakes information, your rewards account, registration, orientation, product alterations, changes and updates, service outages, any transaction with PharmaCann, and/or your relationship with us. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You understand that you may receive automated text messages to any telephone number you provide at any time. You also agree that PharmaCann may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time. You agree to receive automated text messages from us, our agents, independent contractors, customers, and affiliates even if you terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional texts as a condition of purchasing any goods or services or accessing the Verilife Insider Program. To opt-out, please see the Opt-Out Instructions below.
Opt-Out Instructions for Automated Texts
Your consent to receive automated texts is completely voluntary. You may opt-out at any time by sending a “STOP” request to 833-345-1667 or replying to any text message you receive from us, by contacting us here, or by informing one of our representatives through the customer service chat and specifying that you want to opt out of text messages. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated text messages. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days (or ten (10) business days where required by law) to process any opt-out request. Please note that if you opt out of automated text messages, we reserve the right to send you confirming text messages or make non-automated calls to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
Fees and Charges
There is no fee to receive automated text messages from us, our agents, affiliates, and independent contractors. However, you may incur a charge for these text messages from your telephone carrier, which is your sole responsibility. Messaging and data rates may be applicable and you may be responsible for fees or charges from your carrier. You may incur other charges if you leave the Services through links. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that PharmaCann, our agents, affiliates, and independent contractors are not responsible for such charges. Your obligations under this Section will survive expiration or termination of these Terms.
Unauthorized Use of Your Telephone Device
You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for the losses of PharmaCann, our agents, affiliates, and independent contractors or others due to such unauthorized use.
Your Indemnification to Us
You agree to indemnify PharmaCann, our agents, affiliates, and independent contractors for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalents, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). PharmaCann shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
Release of Claims
In consideration of the services provided by PharmaCann, you hereby release PharmaCann, our agents, affiliates, and independent contractors from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including, without limitation, any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available to customers of select carriers with compatible handsets. Your obligations under these terms will survive termination of your Verilife Insider account and/or your relationship with PharmaCann.
If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and PharmaCann agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
First: Try to Resolve Disputes and Excluded Disputes: If any controversy, allegation, or claim arises out of or relates to the Verilife Insider Program (the “Program), your use and/or enrollment in the Program, communications relating to the Program, your relationship with PharmaCann, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of PharmaCann’s actual or alleged intellectual property rights (an “Excluded Dispute”), which includes those actions set forth in the section entitled “Injunctive Relief” below, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent via email to: firstname.lastname@example.org. For a period of sixty (60) days from the date of receipt of notice from the other party, PharmaCann and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or PharmaCann to resolve the Dispute or Excluded Dispute on terms with respect to which you and PharmaCann, in each of our sole discretion, are not comfortable.
Binding Arbitration: If we cannot resolve a Dispute as set forth in the manner described in the preceding paragraph (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND PHARMACANN (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE PROGRAM, ADVERTISING AVAILABLE ON OR THROUGH THE PROGRAM, OR COMMUNICATIONS RELATING TO THE PROGRAM. For U.S. residents, the Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between PharmaCann and you regarding these Terms (and any Additional Terms) and the Program, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. PharmaCann and you agree, however, that the applicable state, federal or provincial law, as contemplated in the “Governing Law” Section below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and PharmaCann regarding these Terms and the Program, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of PharmaCann consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident, then it will be conducted in Cook County, Illinois. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require PharmaCann to pay a greater portion or all of such fees and costs in order for this Dispute Resolution Provision to be enforceable, then PharmaCann will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
Limited Time to File Claims: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THE SECTION TITLED “First: Try to Resolve Disputes and Excluded Disputes” ABOVE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in the Section titled “First: Try to Resolve Disputes and Excluded Disputes” above; (b) filing for arbitration as set forth in the Section titled “Binding Arbitration” above; or (c) filing an action in state, Federal or provincial court.
Injunctive Relief: The foregoing provisions of this Dispute Resolution Provision will not apply to any legal action taken by PharmaCann to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Program, any Content, your User-Generated Content and/or PharmaCann’s intellectual property rights (including such PharmaCann may claim that may be in dispute), PharmaCann’s operations, and/or PharmaCann’s products or services.
No Class Action Matters. YOU AND PHARMACANN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in the Section titled “Binding Arbitration” above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to the provisions of the Section titled “Jurisdictional Issues” below. Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
Jurisdictional Issues: Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Cook County, Illinois. Accordingly, you and PharmaCann consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Small Claims Matters are Excluded from Arbitration Requirement: Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
Governing Law: These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions.
TERMS & CONDITIONS: DATE WHEN CHANGES ARE EFFECTIVE, AND REVISION
These Terms & Conditions may change at any time. We will post the revision date with the revised Terms & Conditions. The revised Terms & Conditions will apply to you for any communications you receive after the revision date. So please check back from time to time. Remember, you may always opt out of or unsubscribe from communications by following the instructions in the “Text Alerts” or “Opt-Out Instructions for Automated Texts” sections above.
These Terms & Conditions were last revised on August 11, 2022.