Uses and Disclosures Of PHI That Do Not Require Your Prior Authorization

• Treatment: We may use or disclose your PHI to provide and coordinate the treatment, goods, and services you receive.
• Payment: We may use and disclose your PHI in order to obtain payment for the products and services that we provide to you.
• Health Care Operations: We may use and disclose your PHI for our health care operations.

Uses and Disclosures of PHI that Require Your Prior Authorization

• Specific Uses or Disclosures Requiring Authorization: We must obtain your written authorization for the use or disclosure of certain disclosures such as psychotherapy notes. 
• Other Uses and Disclosures: We will obtain your written authorization before using or disclosing your PHI for purposes other than those disclosed in our Notice of Privacy Practices policy or otherwise permitted by law. You may revoke an authorization in writing at any time.

Your Health Information Rights

• You have the right to obtain a paper copy of our current Notice at any time
• You have the right to request a restriction on certain uses and disclosures of your PHI
• You have the right to access and/or receive a copy of your records
• You have the right to request a correction of the records that we maintain for you if you feel the information is incomplete or incorrect
• You have the right to an accounting of certain disclosures starting with the six years prior to your request date when we share your PHI
• You have the right to request confidential communications

Breach Notification

We will notify you in the event of a breach of your unsecured protected health information.

Privacy Policy

This Privacy Policy (“Policy”) governs the manner in which Company collects, uses, maintains, and discloses information collected from users (each, a “User”) of the Site. Company respects your privacy and permits you to control the treatment of your personal information. We will not share your personally identifiable information with anyone except as described in this Privacy Policy. We may collect personally identifiable information from Users when they visit our Site and submit their information via our Contact Form. We will collect this personally identifiable information from Users only if they voluntarily submit information to us. Users can always refuse to supply personally identifiable information, except that it may prevent them from engaging in Site-related activities or receiving responses to their inquiries or other information of interest.

We may automatically collect non-personally identifiable information about Users whenever they interact with our Site. Non-personally identifiable information may include Users’ browser name, demographic data about Users, the amount of pages Users visited on the Site, whether Users have previously accessed the Site, the type of computer and technical information about Users’ means of connection to our Site, such as the operating system and the Internet service providers utilized, and other similar information.

Our Site may use “cookies” to enhance the user experience. Users’ web browsers place cookies on their hard drives for record-keeping and tracking purposes. Users may choose to set their web browsers to refuse cookies or to alert them when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

Company may collect and use Users’ information to respond to User requests and improve service, to send Users information they agreed to receive, to send periodic emails, to personalize User experience, and to improve our Site.

We will retain information we collect via the Site for as long as we believe it is useful. We are under no obligation to retain information we have collected via this Site under this Policy. We seek to use commercially reasonable data collection, storage, and processing practices to protect against unauthorized access, disclosure, or destruction of your personal information under our control. We do not sell, trade, or rent Users’ personally identifiable information to others.

We may employ third-party companies and individuals to provide Site-related services or to assist us in analyzing how our Site is used. Users’ personally identifiable information may be disclosed to a third party if we are required to do so because of applicable law, court order, or governmental regulation, or if such disclosure is otherwise necessary for support of any criminal or legal investigation or proceeding. Users’ personally identifiable information may be disclosed to a third party if the disclosure is reasonably related to the sale or other disposition of all or part of our business or assets.

We do not direct any of our content, specifically at children under 13 years of age. If we learn or have reason to suspect that a Site user is under age 13, we will promptly delete any personal information associated with that User. Do not supply to us or disclose on the Site any Personal Information of any person under 13 years of age, as we do not intend to collect information from anyone under 13.

By using this Site, you signify your acceptance of this Policy.

If you have any questions about the Policy or our practices related to the Site, please contact us via the contact form on our Contact Us page or please write to the following address:

PharmaCann Inc. 190 S. Lasalle Suite 2950 Chicago, IL 60303

Last Updated: August 29, 2022
 

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE AND THE PRODUCTS AND SERVICES AVAILABLE FOR SALE THROUGH THE SERVICE.

THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

Introduction

Welcome!  PharmaCann is a business engaged in the cultivation, processing and dispensing of medical and adult-use cannabis.  The Terms of Service (“Terms”) governs the PharmaCann and Verlife websites (including www.pharmacann.com and www.verilife.com) (including both mobile and online versions) (the “Site”), and your use of interactive features, widgets, plug-ins, content, downloads and/or other online services that we own and control and that post a link to these Terms (collectively with the Site, the “Service”), which are made available by PharmaCann Inc. and its affiliates (“PharmaCann”, “we”, “our” or “us”).  PharmaCann Inc. is a Delaware corporation doing business as “Verilife” in the states of Illinois, Maryland, Massachusetts, New York, Ohio and Pennsylvania. By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy. 

If you want to access or use the Service, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations.  Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted.  Therefore, do not use the Service if you do not agree. 

The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Service available to you.

By accessing and/or using the Service, you agree to be bound by these Terms.  In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”).  For example, if you participate in the Verilife VeriVIP Rewards Program, the VeriVIP Rewards Program Terms and Conditions will additionally govern your participation in the Rewards Program. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.  Additionally, certain features and services made available through the Service from time to time may be governed by different terms of use. 

Medical Advice Disclaimer

THE INFORMATION PROVIDED ON THE SERVICE SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION IN ORDER TO CURE, TREAT OR PREVENT DISEASES OF ANY NATURE. Please seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.  PharmaCann does not recommend or endorse any specific physicians, procedures, products (including our products), opinions or other information that may be included on the Service; the same are only for informational purposes.  Reliance on any information appearing on the Service, whether provided by PharmaCann, its content providers, the visitors to the Service or others, is solely at your own risk.

Table of Contents

It is important that you read and understand these entire Terms before using the Service.  To ease review, each Section below includes a brief introductory summary and a link to the full explanation.  Please note that the complete provisions, and not the headings or summaries shall govern.  You can click on the headings and “More” buttons to be taken to the full explanation.  Any capitalized terms have the meanings given to them where defined in the Terms.    

1.    Service Content, Ownership, Limited License and Rights of Others 
We only grant you a limited, revocable right to use the Service for your own non-commercial use, subject to rules and limitations.  

2.    Service and Content Use Restrictions 
Your use of our Service is subject to various restrictions designed to protect the Service and our users.  We may change or discontinue our Service in whole or in part.  

3.    Accounts 
You may have the opportunity to open, revise and close your accounts, subject to certain rules.  

4.    Feedback You Submit 
You grant us a broad license, which we may sublicense, to the content you submit which you represent you have the right to allow us to use.  

5.    Notices and Questions 
You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page of the Service, changing the date at the beginning of these Terms or by other reasonable means that we may elect, such as to the email address you provided.  

6.    Links by You to the Service
You may link to our Service, subject to some basic rules.  

7.    Linked-To Websites; Advertisements; Dealings with Third Parties 
We are not responsible for third parties or their content, advertisement(s), apps, sites, products and/or services.  We may make advertisements and third-party content or services available to you on or via our Service, which we do not control.  Use caution when dealing with third parties.  

8.    Wireless Features and Text Message Communications 
Wireless carrier charges may apply to use of the Service via wireless networks or Devices.  

9.    Dispute Resolution 
You agree to arbitrate most disputes and waive jury trial and class actions and to bring many types of claims within one (1) year.  

10.    Disclaimer of Representations and Warranties 
We disclaim warranties to the extent permitted by applicable law, and provide the Service “As Is”.  

11.    Limitations of our Liability 
Our liability is greatly limited.  

12.    Waiver of Injunctive or Other Equitable Relief 
You waive equitable or injunctive relief.  

13.    Updates to Terms 
These Terms and Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves.  Posting of new Terms on the Service is notice to you thereof.  

14.    General Provisions 
You agree to various other terms and conditions, which you should read here, including regarding: (a) our control and discretion; (b) your indemnity of us; (c) accessing the Service from outside of the United States; (d) enforcement and interpretation of these Terms; (e) communications with us; (f) investigations, cooperation with law enforcement, termination and survival; (g) limit on assignment and delegation of rights and obligations; (h) how waivers may be made; and (i) your responsibility for your connectivity and access.  

15.    Marijuana and Federal Law Disclaimer; Assumption of Liability 
It’s your choice to use marijuana and we aren’t responsible for your use of it.  

Full Details of the Terms of Service

1.    Service Content, Ownership, Limited License and Rights of Others

A.    Content.  The Service contains a variety of: (i) materials and other items relating to PharmaCann, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) our PharmaCann blog(s); (iii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of PharmaCann (collectively, “Trademarks”); and (iv) other forms of intellectual property (all of the foregoing collectively, “Content”).  

B.    Ownership.  The Service (including past, present, and future versions) and the Content are owned or controlled by PharmaCann, our licensors and/or certain other third parties.  All right, title, and interest in and to the Content available via the Service is the property of PharmaCann or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  PharmaCann owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.  

C.    Limited License.  Subject to your strict compliance with these Terms and any Additional Terms, PharmaCann grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only.  The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in PharmaCann’s sole discretion, and without advance notice or liability.  In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

D.    Rights of Others.  When using the Service, you must respect the intellectual property and other rights of PharmaCann and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.  

2.    Service and Content Use Restrictions

A.   Service Use Restrictions.  You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to PharmaCann; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, PharmaCann, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.

B.    Content Use Restrictions.  You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of PharmaCann or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience. 

C.    Availability of Service and Content.  PharmaCann may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in PharmaCann’s sole discretion, and without advance notice or liability.  

D.    Reservation of All Rights Not Granted as to Content and Service.  These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  All rights not expressly granted to you are reserved by PharmaCann and its licensors and other third parties.  Any unauthorized use of any Content or the Service for any purpose is prohibited.

3.     Accounts 

Individuals must be a certain age (and at least the age of majority in their state of residence) in order to create an account or use the Service.  See https://www.verilife.com/verivip for details on the specific age requirements in your state of residence.  In order to access or use some (or potentially all) of the features on the Service, you may be required to first register for a user account through our registration process that we make available through the Service.  The Service’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy.  If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive.  We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.  We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.  If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account.  We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

4.    Feedback You Submit

A.    General.  PharmaCann may now or in the future offer users of the Service the opportunity to post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the Service, messages, text, files, comments, responses, information, content, results, reviews, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”).  PharmaCann may allow you to do this through contact us, email, and other communications functionality.  Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.

B.    Non-Confidentiality of Your User-Generated Content.  Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) PharmaCann does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content.  Upon PharmaCann’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms.  You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk.  In your communications with PharmaCann, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, services, products or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below.  In addition, PharmaCann retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.  PharmaCann’s receipt of your Unsolicited Ideas and Materials is not an admission by PharmaCann of their novelty, priority, or originality, and it does not impair PharmaCann’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. 

C.    License to PharmaCann of Your User-Generated Content.  Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User-Generated Content), you hereby grant to PharmaCann, and you agree to grant to PharmaCann, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.  Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services.  In order to further effect the rights and license that you grant to PharmaCann to your User-Generated Content, you also hereby grant to PharmaCann, and agree to grant to PharmaCann, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you.  Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 4(C).

5.    Notices and Questions

You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Service, or in another reasonable manner that we may elect; and (ii) we may contact you by mail or email sent to the address provided by you.  You agree to promptly notify us if you change your email or mailing address by updating your account information.  

If you have a question regarding using the Service, you may contact us at info@pharmacann.com.  You acknowledge that the provision of customer support is at PharmaCann’s sole discretion and that we have no obligation to provide you with customer support of any kind. 

6.     Links by You to the Service 

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with PharmaCann or cause any other confusion, and (c) the links and the content on your website do not portray PharmaCann or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to PharmaCann.  PharmaCann reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

7.    Linked-To Websites; Advertisements; Dealings with Third Parties

A.    Linked Services; Advertisements.  The Service may contain links, as part of third-party ads on the Service or otherwise, to or from third-party websites (“Linked Services”), including websites operated by advertisers, licensors, licensees, recruitment services and certain other third parties who may have business relationships with PharmaCann.  PharmaCann may have no control over the content, operations, policies, terms, or other elements of Linked Services, and PharmaCann does not assume any obligation to review any Linked Services. PharmaCann is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Services.  Finally, PharmaCann will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Services.  Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Services.  PharmaCann disclaims all liability in connection therewith. 

B.    Dealings with Third Parties.  Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like).  PharmaCann disclaims all liability in connection therewith. 

8.    Wireless Features and Text Message Communications 

A.    Wireless Features.  The Service may offer certain features and services that are available to you via your wireless Device.  These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”).  Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features.  Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance.  Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device.  You should check with your carrier to find out what plans are available and how much they cost.  Contact your carrier with questions regarding these issues.

B.    Terms of Wireless Features.  You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties.  Further, we may collect information related to your use of the Wireless Features.  If you have registered via the Service for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. 

C.    Telephone/Messaging Terms and Conditions. PharmaCann may communicate with you via telephone calls and/or text messaging, including via auto-dialer, prerecorded and/or artificial voice message, and also offers mobile messaging and telephone communication programs (programs that facilitate communications such as short messaging service, multimedia messaging service, artificial voice messages, prerecorded voice messages, and/or autodialed communications (collectively, “Program(s)”)), through which it sends periodic autodialed communications, including, without limitation, news, offers, promotions, appointment notifications, account information and updates, transaction, delivery or order notifications, and/or other communications related to your relationship with PharmaCann. Such communications will be made in accordance with PharmaCann’s Telephone/Messaging Terms & Conditions. The Telephone/Messaging Terms and Conditions apply to your participation in any Program(s), as well as telephonic communications generally.  Review the Telephone/Messaging Terms and Conditions; they are considered Additional Terms and expressly incorporated into these Terms by this reference. Each Program offered by PharmaCann is considered part of the Service for purposes of these Terms.

9.    Dispute Resolution 

If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section 9 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 9 satisfies the “writing” requirement of the Federal Arbitration Act.  

A.    First – Try to Resolve Disputes and Excluded Disputes.  If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content, 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 Section 9(D), 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 9(A).  Your notice to us must be sent via email to: info@pharmacann.com.  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. 

B.    Binding Arbitration.  If we cannot resolve a Dispute as set forth in Section 9(A) (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 SERVICE OR ADVERTISING AVAILABLE ON OR THROUGH THE SERVICE.  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 Service, 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 Section 9(H) 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 Service, 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 Section 9 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.

C.    Limited Time to File Claims.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 9(A)) 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 Section 9(A); (b) filing for arbitration as set forth in Section 9(B); or (c) filing an action in state, Federal or provincial court.  

D.    Injunctive Relief.  The foregoing provisions of this Section 9 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 Service, 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.  

E.    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 Section 9(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 9(F).  Notwithstanding any other provision of this Section 9, 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.

F.    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.

G.    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. 

H.    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

10.    DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.  Therefore, to the fullest extent permissible by law, PharmaCann, its parent company and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agencies, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, the “PharmaCann Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: 

(a)     the Service (including the Content and the User-Generated Content); 

(b)     the functions, features, or any other elements on, or made accessible through, the Service; 

(c)     any products, services or instructions offered or referenced at or linked through the Service; 

(d)     security associated with the transmission of your User-Generated Content transmitted to PharmaCann via the Service; 

(e)     whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);

(f)     whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, reliable or safe;

(g)    whether any defects to, or errors on, the Service will be repaired or corrected; 

(h)    whether your access to the Service will be uninterrupted, timely, secure or error-free; 

(i)     whether the Service will be available at any particular time or location; and

(j)    whether your use of the Service is lawful in any particular jurisdiction.  

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PHARMACANN PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PHARMACANN PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. 

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

11.    LIMITATIONS OF OUR LIABILITY

TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY PHARMACANN PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

(a)     the Service (including the Content and the User-Generated Content; 

(b)     your use of or inability to use the Service, or the performance of the Service, including, without limitation, if your employer fires you for visiting or attempting to visit our Service while you are at work; 

(c)     any action taken in connection with an investigation by PharmaCann Parties or law enforcement authorities regarding your access to or use of the Service;

(d)     any action taken in connection with copyright or other intellectual property owners or other rights owners; 

(e)     any injury you sustain directly or indirectly as a result of your use of the Service or any products or services purchased through the Service;

(f)    any errors or omissions in the Service’s technical operation; or 

(g)     any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if PharmaCann Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).  

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.  

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PHARMACANN PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID PHARMACANN TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.  FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.

12.    Waiver of Injunctive or Other Equitable Relief

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.  THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY PHARMACANN (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF PHARMACANN.

13.    Updates to Terms

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use).  AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED.  ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS.  Therefore, you should review the posted terms of use and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission).  The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you.  However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed.  In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice.  You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.

14.    General Provisions

A.    PharmaCann’s Consent or Approval.  As to any provision in these Terms or any Additional Terms that grant PharmaCann a right of consent or approval, or permits PharmaCann to exercise a right in its “sole discretion,” PharmaCann may exercise that right in its sole and absolute discretion.  No opt-in consent or approval may be deemed to have been granted by PharmaCann without being in writing and signed by an officer of PharmaCann.   

B.    Indemnity.  You agree to, and you hereby, defend, indemnify, and hold PharmaCann Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any PharmaCann Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service, including your participation in our rewards program; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) PharmaCann Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”).  You will cooperate as fully required by PharmaCann Parties in the defense of any Claims and Losses.  Notwithstanding the foregoing, PharmaCann Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses.  PharmaCann Parties reserve the right to assume the exclusive defense and control of any Claims and Losses.  You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a PharmaCann Party.

C.    Operation of Service; Availability of Products and Services; International Issues.  The Service is operated in the United States, and is primarily intended for users located in the U.S.  PharmaCann makes no representation that the Service is appropriate or available for use beyond the U.S.  If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.  We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.  You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.

D.    Severability; Interpretation.  If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect).  To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.  Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”.  The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.

E.    Communications.  As permitted by applicable law, when you communicate with us electronically, such as via email, you consent to receive communications from us electronically.  Please note that we are not obligated to respond to inquiries that we receive.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  

F.    Investigations; Cooperation with Law Enforcement; Termination; Survival.  PharmaCann reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by PharmaCann in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.   Any suspension or termination will not affect your obligations to PharmaCann under these Terms or any Additional Terms.  Upon suspension or termination of your access to the Service, or upon notice from PharmaCann, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service.  The provisions of these Terms and any Additional Terms (including the terms applicable to User-Generated Content), which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to PharmaCann in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

G.    Assignment.  PharmaCann may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice.  These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of PharmaCann.  

H.    No Waiver.  Except as expressly set forth in these Terms or any Additional Terms: (i) no failure or delay by you or PharmaCann in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.  For avoidance of doubt, nothing herein shall be construed to restrict PharmaCann’s right to amend these Terms or any Additional Terms as otherwise permitted in those agreements.

I.    Connectivity.  You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.

15.    Marijuana and Federal Law Disclaimer; Assumption of Liability

MARIJUANA IS A SCHEDULE 1 CONTROLLED SUBSTANCE UNDER THE CONTROLLED SUBSTANCE ACT (21 U.S.C. 802) (“CSA”) AND THE CULTIVATION, DISTRIBUTION, AND POSSESSION OF MARIJUANA IS A CRIME UNDER FEDERAL LAW. KEEP ALL MARIJUANA AND MARIJUANA PRODUCTS OUT OF REACH OF CHILDREN AND ANIMALS. INTOXICATING EFFECTS OF MARIJUANA AND MARIJUANA PRODUCTS MAY BE DELAYED UP TO TWO (2) HOURS.  USE OF MARIJUANA WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL.  CONSUMPTION OF MARIJUANA AND MARIJUANA PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY, PLEASE USE EXTREME CAUTION.

YOU ASSUME THE RISK OF ANY-AND-ALL DAMAGE OR LOSS INCURRED AS A RESULT OF YOUR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS OBTAINED FROM ANY PHARMACANN DISPENSARY, STORE, DELIVERY PERSON, OR OTHER PHARMACANN SERVICE.  ALTHOUGH THE SERVICE, PHARMACANN PROMOTIONAL CONTENT, OR PHARMACANN REPRESENTATIVES MAY MAKE STATEMENTS REGARDING THE MARIJUANA AND MARIJUANA PRODUCTS AVAILABLE FROM PHARMACANN, INCLUDING, BUT NOT LIMITED TO, POTENCY, PHARMACOLOGICALLY ACTIVE INGREDIENTS, SOURCE OF CULTIVATION, RECOMMENDED USES, POSSIBLE BUT UNPROVEN BENEFITS, AND ALL OTHER DESCRIPTIONS OR INFORMATION (COLLECTIVELY, “MARIJUANA INFORMATION”), SUCH STATEMENTS SHOULD IN NO WAY BE CONSTRUED AS MEDICAL ADVICE. THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. PHARMACANN PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR AILMENT. PHARMACANN DOES NOT MAKE ANY HEALTH CLAIMS ABOUT ITS PRODUCTS SOLD, AND RECOMMENDS CONSULTING WITH A QUALIFIED MEDICAL DOCTOR OR PHYSICIAN PRIOR TO CONSUMING PHARMACANN-PROVIDED PRODUCTS OR PREPARING A TREATMENT PLAN. ALL MARIJUANA INFORMATION IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE UNDER ANY CIRCUMSTANCE.

PharmaCann is only engaged in the state-legalized and licensed adult-use and medical cannabis industry. Processing, using, distributing and/or selling marijuana remains illegal under the laws of the United States. Our Service is not intended to assist you in violating federal law. PharmaCann is also not providing advice about the potential consequences regarding the possession and/or use of state-legalized medical cannabis under federal law.
 

Enrollment in the VeriVIP program (“VeriVIP”) is subject to these Terms and Conditions (the “Terms”), which PharmaCann Inc., its subsidiaries and affiliates (“PharmaCann”) may update or change from time to time.  Changes to these Terms or any criteria for participation in VeriVIP contained herein shall become effective upon the posting of such changes to these Terms.  Continued use of VeriVIP and redemption of Points is considered acceptance of, and agreement to, be bound by any changes made to these Terms or any criteria contained therein.  VeriVIP is available to Verilife Dispensary medical patients, OAPP patients, registered caregivers, and adult-use purchasers 21 years of age and older who enroll in VeriVIP via https://www.verilife.com/customer/register(the “Participant”).  By signing up for VeriVIP, Participant agrees to be bound by these Terms and by PharmaCann’s Privacy Policy (link to privacy policy).  If Participant does not agree to these Terms, Participant should not enroll in VeriVIP.

HOW TO SIGN UP FOR VERIVIP

To enroll in VeriVIP, Participant must (1) create an account for VeriVIP by providing their name, email address, preferred Verilife Dispensary location, and whether they are an adult-use  or medical patient and (2) create a personal password. 

When Participant creates a VeriVIP account, Participant will  receive a “Welcome” email from Verilife.  By creating a VeriVIP account, Participant agrees to receive email communications and marketing solicitations from PharmaCann.  Further, Participant agrees that by creating a VeriVIP account, Participant consents to the storage of their personally identifiable information such as name, email address, home address, transaction history, and any other purchase or demographic data collected by PharmaCann.  Should Participant wish to receive text messages from PharmaCann,  Participant will need to separately agree to and sign up for that functionality.  Participant  may opt out of email communications and marketing solicitations at any time, but will still remain part of VeriVIP unless Participant separately cancels their VeriVIP account as detailed below. Consent to receive emails from PharmaCann or enrollment in VeriVIP is not required as a condition of any purchase. 

Any PharmaCann employee may participate in VeriVIP as long as the employee is also a qualifying customer or patient as described above.

Only one (1) VeriVIP account may be created per person, per email address. Any person attempting to create, obtain or use more than one VeriVIP account may be barred from participating in VeriVIP in PharmaCann’s sole discretion. Participant represents and warrants that all registration information submitted is truthful and accurate, and that Participant will maintain the accuracy of such information at all times.  PharmaCann is not responsible for any incorrect or inaccurate information supplied by Participant. 

To cancel a VeriVIP account, please email info@pharmacann.com. Participant’s information will be removed from PharmaCann’s system within forty eight (48) hours of PharmaCann receiving Participant’s cancellation notification.  Cancelling a VeriVIP account will remove the association of Participant’s personal information from any completed transactions. It will also remove any earned points or rewards that have been accrued by Customer through the date of termination. 

HOW TO EARN POINTS WITH VERIVIP

Participant will accrue one (1) VeriVIP point (“Point”) for every one dollar ($1.00) spent on the total qualifying purchase of both cannabis and non-cannabis products (net of discounts, returns, credits, and taxes) made at any participating Verilife Dispensary.  Participant may not transfer Points to anyone else including other VeriVIP Participants.  Any purchases made prior to the launch date of VeriVIP will not be eligible to earn points for Participant.  To ensure points are awarded to a VeriVIP account, Participant must log into their account at https://www.verilife.com/customer/register and display Participant’s personal QR code at checkout. Please be aware that at this time, only Participants in Illinois, Massachusetts (medical only patients), New York, Maryland, and Pennsylvania will be able to accrue Points.  Points-based reward systems and customer loyalty programs are prohibited for Massachusetts adult-use purchasers and any Ohio customers. These patients and customers may enroll in VeriVIP but will not accrue any Points at this time.

There is no maximum amount of Points Participant can earn.  Points will expire and be removed from Participant’s VeriVIP account after twelve (12) months from the date a qualifying purchase is registered to Participant’s VeriVIP account.  From time to time, and in PharmaCann’s sole discretion, PharmaCann and or its Verilife Dispensaries may offer other methods of accruing and redeeming Points. Any methods of accruing and redeeming Points are subject to these Terms and any additional terms otherwise presented.  

PharmaCann reserves the right, at any time in its sole discretion and without notice to Participant, to modify, suspend or discontinue VeriVIP.  PharmaCann may, from time to time,  also impose rules for and limits on membership to VeriVIP or restrict access toVeriVIP without notice or penalty.  Participant agrees PharmaCann will not be liable to Participant or to any third party for any modification, suspension, or termination of Participant’s account or VeriVIP.

HOW TO REDEEM VERIVIP POINTS

Once Participant has accumulated two hundred (200) points, Participant may redeem these Points for an in-store value which will be applied to their purchase.  Points can be redeemed in two hundred (200) Point increments. For every two hundred (200) Points earned and redeemed, Customer will receive five dollars ($5.00) off an in-store purchase. All redemptions are subject to applicable law. Points may not be redeemed for an in-store value when combined in the same purchase with any other rewards, promotions, or discounts offered by PharmaCann previously or in the future unless an item is specifically designated as a qualifying item to earn Points by PharmaCann at the time of purchase.  PHARMACANN IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THE TERMS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAW.

If the total sale of  Participant’s purchase is greater than the Points being redeemed, Participant must provide payment for the remaining cost of the purchase prior to completing the transaction.

When Points are redeemed for an in-store value, these Points will be deducted from the Participant’s VeriVIP account point balance at the time of redemption.  To redeem any accumulated points, Participant must log into their VeriVIP account at https://www.verilife.com/customer/register, display their personal QR code, and request a Point redemption prior to checkout being completed.  Points may not be redeemed for cash.  Points are only valid for in-store purchases.  The entire amount of points which qualifies Participant for an in-store value must be used on the same purchase.  If the entire amount of Points is not redeemed, any unused points will be forfeited.  

Participant may earn Points in any state where points based reward systems and customer loyalty programs are allowed and where a Verilife Dispensary is located.  Points may not be earned or redeemed in states that prohibit points based reward systems and or customer loyalty programs. 

Points are non-transferable and can be redeemed only by the Participant associated with the VeriVIP account.

Should Participant return a product(s) that was purchased in a transaction where Points were redeemed,  Participant will not be refunded any Points redeemed.  

Should Participant’s Points be lost or stolen,  Participant’s Points will not be replaced.  Participant agrees that they are solely responsible for maintaining the confidentiality of their VeriVIP login information and shall remain responsible for all activities that occur under their VeriVIP account.  Should Participant know of an unauthorized use or suspect an unauthorized use of their VeriVIP account (“Unauthorized Breach”), Participant must immediately notify PharmaCann.  PharmaCann will not be liable for any loss or damage arising from Participant’s failure to report an Unauthorized Breach.  PharmaCann may suspend or terminate Participant’s account at any time, at its sole discretion.  PharmaCann may alter and/or discontinue VeriVIP at any time without notice.

Participant will be responsible for ensuring that Points are properly credited to their VeriVIP account. If Participant believes that Points were not properly credited to their VeriVIP account, Participant must notify PharmaCann immediately.  Participant must include the receipt for the purchase they believe was not properly credited to their account.  Any claim regarding Points not credited to a VeriVIP account must be received by PharmaCann within one (1) month of the date of purchase.  PharmaCann shall not be responsible for any and all errors or for any and all delay(s) or failure to credit Points to Participant's VeriVIP account.

VERIVIP ACCOUNT CANCELLATION BY PHARMACANN

PharmaCann will take any action it considers appropriate in its sole discretion, including removing or suspending  Participant’s VeriVIP account or canceling Points accrued if PharmaCann suspects, detects, or becomes aware of any suspicious or disqualifying activity concerning Participant’s VeriVIP account.  Such activity may include but is not limited to:

1.  engaging in illegal or fraudulent activities;
2.  supplying false or misleading information, or making representation(s) to PharmaCann   which are false or suspected to be false;  
3. selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Points other than in accordance with these Terms;
4. any breach or suspected breach by Participant of these Terms.

PharmaCann has the right to seek damages and any other remedies available at law from any such Participant to the fullest extent permitted by law.

VERIVIP IS SUBJECT TO APPLICABLE LAW AND APPROVAL BY INDIVIDUAL U.S. STATES.  PHARMACANN IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THE TERMS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAW AT ANY TIME.  PHARMACANN HAS THE RIGHT TO DISCONTINUE VERIVIP, FOR ANY REASON, AT ANY TIME, WITHOUT NOTICE TO PARTICIPANT.

PharmaCann is not responsible for: (a) any damage to a Participant’s computer system or mobile device which is caused by participating in VeriVIP, accessing a Participant’s VeriVIP account, or attempting to redeem Points; (b) technical difficulties or failures of any kind including, but not limited to, availability or accessibility problems arising in connection with VeriVIP;  (c) any technical malfunctions or failures, clerical, typographical or other errors in these Terms or any other material; (d) any incorrect or inaccurate information, whatever the cause, or (e) the incorrect or inaccurate capture of information in Participant’s VeriVIP account, the failure to capture information in Participant’s VeriVIP account, and or the loss of any information in Participant’s VeriVIP account

PharmaCann will take commercially reasonable precautions to protect Participant’s personal data disclosed and stored by PharmaCann as part of a VeriVIP account.  However, in no event shall PharmaCann be liable for any breach, disclosure, or loss of Participant's personal data.

Should PharmaCann suspect or learn that the VeriVIP program is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the VeriVIP at any time, PharmaCann may terminate VeriVIP immediately.

If you have any questions or concerns regarding VeriVIP, please contact PharmaCann at info@pharmacann.com

Illinois - Adult-use and Medical

For use only by adults 21 years of age or older or persons holding a patient registration card. There may be health risks associated with consumption of cannabis. Cannabis can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of cannabis. Use during pregnancy and breast-feeding may pose potential harms. Keep out of the reach of children. The impairment effects of edible cannabis may be delayed by two hours or more. Talk with your healthcare provider about any questions you may have regarding your cannabis use. The information and materials provided to you by PharmaCann should not be used as a substitute for the care and knowledge that your physician can provide to you. ©2019 PharmaCann. All rights reserved.

Maryland & New York Medical

Always seek the advice of your physician or other qualified healthcare provider before starting any new treatment or discontinuing an existing treatment with medical cannabis. Talk with your healthcare provider about any questions you may have regarding your cannabis use. The information and materials provided to you by PharmaCann should not be used as a substitute for the care and knowledge that your physician can provide to you. There may be health risks associated with consumption of medical cannabis, consult your physician. ©2019 PharmaCann. All rights reserved. 

Massachusetts - Adult-use and Medical

Please Consume Responsibly. Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug. For use only by adults 21 years of age or older or persons holding a patient registration card. Keep out of the reach of children. This product has not been analyzed or approved by the Food and Drug Administration (FDA). There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN. There may be health risks associated with consumption of this product. Marijuana can impair concentration, coordination, and judgment. The impairment effects of edible marijuana may be delayed by two hours or more. In case of accidental ingestion, contact the poison control hotline 1-800-222-1222 or 9-1-1. This product may be illegal outside of MA. Federal law. License # MR281252. ©2019 PharmaCannis Massachusetts. All rights reserved.

Ohio

Always seek the advice of your physician or other qualified healthcare provider before starting any new treatment or discontinuing an existing treatment with medical cannabis. Talk with your healthcare provider about any questions you may have regarding your cannabis use. The information and materials provided to you by Verilife and should not be used as a substitute for the care and knowledge that your physician can provide to you. There may be health risks associated with consumption of medical cannabis, consult your physician. ©2019 Verilife All rights reserved. 

Pennsylvania

Always seek the advice of your physician or other qualified healthcare provider before starting any new treatment or discontinuing an existing treatment with medical marijuana. Talk with your healthcare provider about any questions you may have regarding your cannabis use. The information and materials provided to you by PharmaCann should not be used as a substitute for the care and knowledge that your physician can provide to you. There may be health risks associated with consumption of medical marijuana, consult your physician. ©2019 PharmaCann All rights reserved. 

E-Commerce Privacy Policy

PharmaCann Inc. and its affiliates (“PharmaCann,” “Our,” “We,” or the “Company”) are a business engaged in the cultivation, processing and dispensing of medical and adult-use cannabis.

This Privacy Policy (“Policy”) is part of our Terms of Use (“Terms”). Please read these Terms before using our internet website located at http://www.pharmacann.com (“Site”).

This Site is intended for persons 21 years of age and older. We do not knowingly collect information from individuals under 21 years of age.

PharmaCann is only engaged in the state-legalized and licensed adult-use and medical cannabis industry. Processing, using, distributing and/or selling marijuana remains illegal under the laws of the United States. Our Site is not intended to assist you in violating federal law. PharmaCann is also not providing advice about the potential consequences regarding the possession and/or use of state-legalized medical cannabis under federal law.

These Terms will be governed by the laws of Illinois without regard to conflicts of laws principles.

If any provision of these Terms shall be deemed unlawful, void, or unenforceable, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

PharmaCann has the discretion to update or change these Terms at any time. Changes to the Terms will become effective when posted to the Site. Your use of the Site after we post any changes constitutes your agreement to those changes. You agree that you do not have any rights in this Site and that PharmaCann will have no liability to you if this Site is discontinued or your ability to access the Site is restricted. This Privacy Policy was last updated December 15, 2020.

This Policy governs the manner in which PharmaCann collects, uses, maintains, and discloses information collected from users (each, a “User”) of the Site. Pharmacann respects your privacy and permits you to control the treatment of your personal information. We will not share your personally identifiable information with anyone except as described in this Privacy Policy. As used herein, personal information shall mean information that identifies, relates, to, describes, or is capable of being associated with, liked to, directly or indirectly, an individual of household. Information that has been aggregated or de-identified, is not considered personal information as it does not allow a third party to easily identify a specific individual.

We may collect personally identifiable information from Users when they visit our Site, order from our Site or retail stores, and or submit their information via our Contact Form. We will collect this personally identifiable information from Users only if it is voluntarily submitted to us. In order for the dispensary you select to process your order, you may need to submit your name, email address, drivers license number or other government ID number, phone number, reservation time, delivery location, and the specific products and the quantities you ordered. Users can always refuse to supply personally identifiable information, except that it may prevent them from engaging in Site-related activities or receiving responses to their inquiries or other information of interest.

We will not ask for and respectfully ask that you DO NOT send us on or through the Site any sensitive personal information about yourself or others such as your social security number, race or ethnic origin, criminal background, or biometric or genetic data.

To keep your personal information current and accurate, please contact us directly. We will take reasonable steps to update or correct your personal information in our possession that you have voluntarily submitted to us.

We may automatically collect non-personally identifiable information about Users whenever they interact with our Site. Non-personally identifiable information may include Users’ browser name, demographic data about Users, the amount of pages Users visited on the Site, whether Users have previously accessed the Site, the type of computer and technical information about Users’ means of connections to our Site, such as the operating system and the Internet service providers utilized, and other similar information.

Our Site may use “cookies” to enhance User experience. Users’ web browsers place cookies on their hard drives for record-keeping and tracking purposes. Users may choose to set their web browsers to refuse cookies, or to alert them when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

PharmaCann may collect and use Users’ information to respond to User requests and improve service, process orders, to send Users information they agreed to receive, to send periodic emails, to personalize User experience, and to improve our Site. We may also use User’s information to comply with legal and regulatory obligations, to prevent or respond to fraud, respond to court orders, subpoenas, or government requests and to conduct CCTV monitoring of our retail locations.

We will retain information we collect via the Site for as long as we believe it is useful. We are under no obligation to retain information we have collected via this Site under this Policy. We seek to use commercially-reasonable data collection, storage, and processing practices to protect against unauthorized access, disclosure, or destruction of your personal information under our control. We do not sell, trade, or rent Users’ personally identifiable information to others.

We may employ third-party companies and individuals to provide Site-related services or to assist us in analyzing how our Site is used. If you choose to purchase merchandise, products and/or services, on or through features on the Site, we may forward your personal information to third parties who are contracted with us to provide these services. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While we will require third parties to follow applicable laws, and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties. Users’ personally identifiable information may be disclosed to a third party if we are required to do so because of an applicable law, court order, or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or legal investigation or proceeding. Users’ personally identifiable information may be disclosed to a third party if the disclosure is reasonably related to the sale or other disposition of all or part of our business or assets.

California

The California Consumer Protection Act provides California residents with specific rights regarding their personal information. California residents have the right to:

• Delete any personal information about them which PharmaCann has collected from you
• Request additional information about whether and how we have collected, used, disclosed and sold personal information about them and
• Request the specific pieces of personal information PharmaCann has about them.

To exercise the rights set forth above, please submit a request by visiting https://www.iheartjane.com/do-not-sell-my-information.

California residents have the right to opt-out or in other words to direct us to not sell their personal information at any time. Should you wish to exercise the right to opt-out, please do so by visiting https://www.iheartjane.com/do-not-sell-my-information.

Please be aware that PharmCann is not currently selling your personal information and we have not sold your personal information since January 1, 2020 (the effective date of the CCPA).

If you choose to exercise your privacy rights, you have the right to not to receive discriminatory treatment from PharmaCann.

Nevada

Nevada residents have a right to direct us not to sell their personal information. Should you wish to exercise the right to opt-out, please submit a request to us by visiting https://www.iheartjane.com/do-not-sell-my-information.

From time to time, we may wish to use personal information of Users for uses not previously disclosed herein. If our practices change regarding collected personal information in a way that is materially different than stated in this Privacy Policy, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

By using this Site, you signify your acceptance of this Policy and agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. Should we become aware of a system breach, we may attempt to notify you electronically by posting a notice to the Site or sending you an email. You may have a legal right to receive this notice in writing.

If you have any questions about the Policy or our practices related to the Site, please contact us via the contact form on our Contact Us page or please write to the following address:

PharmaCann Inc.
190 S. LaSalle
29th Floor
Chicago, IL 60603

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

Text Alerts

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).

General
 
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.

 
DISPUTE RESOLUTION
 
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: info@pharmacann.com.  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.