Terms and Conditions of Use for Sharers
Last modified: April 11, 2022
Acceptance of the Website Terms and Conditions of Use
These Terms and Conditions of Use are intended to apply to Sharers. If instead, you are an Advertiser, please see [Terms and Conditions]
These website terms and conditions of use for growandshare.ca and grownshare.ca, constitute a legal agreement and are entered into by and between you and Grow and Share Inc. (“Company,”, “Grow and Share,” “we,” “us,” “our“). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions“), govern your access to and use, including any Grow and Share content, functionality, services, platforms and computer or mobile applications offered on or through growandshare.ca and grownshare.ca or third-party providers (the “Website“).
BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT [INSERT LINK], INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. In addition, by using this Website, you represent and warrant that at all times you are the legal age to possess cannabis under applicable law, including the federal and provincial law of the jurisdiction from which you are located when accessing this website. If you do not meet all of these requirements, you must not access or use the Website.
Grow and Share is a legal cannabis sharing platform.
Sharers use our Website to acquire new strains of dried cannabis through sharing with other community members, as well as to find local cannabis companies.
Advertisers use our Website to advertise their stores, prices of cannabis products, merchandise, and entry fees (for cannabis lounges) to Users.
Modifications to the Terms and Conditions and to the Website
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
In order to use our Website, a registration with us is required. Individuals who meet our minimum age requirement have the right to register. Registration will require age verification, which we may conduct in person by an owner/authorized employee or through our online age verification process.
We reserve the right to reject, or require that you change, a chosen username, password and/or other information provided by you during the registration.
Your username and password must be kept confidential as they are your account credentials. Any and all activity on any account registered using your account credentials is wholly your responsibility. It is mandatory to immediately notify us in writing is mandatory in the event that you believe your account has been compromised. Unauthorized use of your account, in any manner, should be reported to us immediately via e-mail at michael@growandshare.ca. If you use a social media account and/or third party such as Google sign-on to register, you authorize us to access, use, disclose and retain, in accordance with our privacy policy, the information we may obtain social from the third party in connection with your registration.
Only individuals of legal age to consume cannabis in the jurisdiction they are located in when they access our Website are permitted to register on our website, and must not enter, access or otherwise use our Website if located in a jurisdiction that does not permit the possession or sharing of cannabis under applicable law.
Registration requires your email address, a password of your choice, confirmation of your age verification, the manner in which you obtain cannabis, picture(s) of the strain you are offering to share and your closest residential intersection (to make sharing easier). In accordance with the provisions of data protection Grow and Share has the right to save, and process the data provided by you during registration.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, interactive Map and other such functions, (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at [Privacy Policy].
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
Code of Conduct
Our Website has a Code of Conduct containing rules that all users must abide by. Failure to abide by any of the rules may result in the disabling or termination of your account or access to our Website.
You must accurately represent yourself, and the items you are sharing on Grow and Share. If you attempt to deceive or defraud users, we reserve the right to decide the correct course of action (which could result in the deletion and/or ban of your profile).
You must adhere to the following rules:
It is your responsibility to ensure your activities on our Website are legal based on the laws in the jurisdiction from which you are located in.
Prohibited Conduct
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions, including but not limited to if you:
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
Additionally, we reserve the right to report you to the appropriate authorities, depending on the circumstances, in our sole discretion.
Share of Goods Policy
It is strictly forbidden for our users to sell any goods or services through our Website, with the exception of businesses that we permit to advertise products and services. Our Website is intended to enable users to share cannabis and businesses to publish advertisements for products and services in accordance with applicable law.
Listing Policy and Procedures
Our Website uses Interactive Functions to enable individual users to share cannabis strains and to enable advertisers to advertise to those users. The availability or promotion of a listing through our Website does not imply our endorsement of the listing or the provider.
Grow and Share makes absolutely no representations about any listings or any users. Any listings, including information regarding its availability are subject to change without notice.
We reserve the right to remove any listing, at any time, without reason. You represent and warrant that you have the necessary authority and permissions to post a listing and to enter into any share with another community member.
The legal age to access our Website is dependent on the jurisdiction you are located in when you access the Website. You must be legal age in that jurisdiction to access and use our application. As of the latest update to our terms and conditions, the minimum legal age in Canada is:
• 18 in Alberta
• 21 in Quebec
• 19 in all other Canadian provinces and territories
If you are accessing this website from the United States, you must only access the website from jurisdictions where it is lawful to share cannabis and be at least 21 years of age.
Featured Listings and Subscription Services
In connection with the service, we may offer certain paid enhanced features, including but not limited to: (i) Featured Listings (ii) “World” Passport, and (iii) the ability to post multiple Listings (“Paid Services”).
All Paid Services are or will be set out and described on the Website and, unless expressly stated otherwise, are denominated in CAD dollars and are exclusive of any applicable taxes. Payments are processed through PayPal or another third-party service implemented by us. All billing and refund inquiries must be directed to finance@growandshare.ca. Electronic delivery of the paid service is provided immediately upon purchase.
We may offer paid services on a subscription basis with auto-renewing payments (“Subscription Services”). Paid services may have different billing periods which you will be notified of upon purchase of the respective Subscription Service.
Subscription Services can be managed from your Grow and Share personal profile.
To cancel your subscription, browse to the “cancel subscription” option in your personal profile, select the Subscription Service you would like to cancel, and provide the reason for the cancellation. You must cancel a subscription service before the start of the subsequent billing cycle in order to avoid being charged for the subsequent billing period. If your cancellation is prior to the end of the current billing period applicable to the Subscription Service, you will continue to have access to the service through the end of your current billing period.
We reserve the right and sole discretion to modify any fees we charge you in relation to the website. We will provide you notice prior to any increase in the fees we charge. Any fee changes will be applied to the next billing period. Other than as expressly stated by us, all sales of paid services/subscriptions are final and there will be no refunds issued. Partially used subscription services do not qualify for refunds or credits to be used towards our Website.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the website, to other users or other persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
Upon any violation we reserve the right to decide the appropriate course of action, which may include notification to appropriate legal authorities and the deletion of your registration and a ban on your profile or use of our Website.
Please note that if you do not accept the system permissions required by the app from time to time, you may not be able to use the App(s), Web Application(s) and/or Service(s) provided by us and/or certain functionalities may cease to function. You are fully responsible for obtaining, maintaining, and paying for any hardware, software and/or telecommunications as well as any other services needed to use the service.
User Submissions: Grant of Licence
The Website may contain Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not the Company nor Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
Site Monitoring and Enforcement, Suspension, and Termination
Company has the right, without provision of notice to:
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
No Reliance
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Privacy
By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at [PRIVACY POLICY], as we deem necessary for use of the Website and provision of services.
By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see [PRIVACY POLICY].
Third-Party Websites
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Returns and Exchange Policy
We hold no responsibility for products or services advertised by advertisers on our Website. Unless the terms and conditions of the provider state otherwise, the risk of loss and title for all items ordered on our site pass to the buyer as soon as the shipment is in the hands of the shipment carrier.
To receive a refund or exchange please contact the store from which you purchased the product. We are in no way liable for products you receive from our advertisers.
While we cannot take responsibility for any shares conducted on or through our Website, we reserve the right to investigate, and at our sole discretion, rectify the situation in any manner we see fit. If you believe the item(s) you received was misrepresented to you, you may contact us along with accompanying supporting documentation and evidence.
Geographic Restrictions
The owner of the Website is based in the Province of Ontario in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. You are responsible for compliance with local laws of your jurisdiction.
You understand that certain aspects of this Grow and Share and the service(s) we provide, as well as certain products, may not be available in all jurisdictions. It is your responsibility to ensure it is lawful for you to access and use our website in your jurisdiction. If you reside in a jurisdiction where it is forbidden by law to participate in the activities offered by this website or the services, you may not enter into this agreement or use our website and/or services.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR CRIMINAL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, , DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, or any use of the Website’s content, services, and products.
Governing Law and Choice of Forum
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario (or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Grow and Share regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Reporting and Contact
This website is operated by Grow and Share Inc. 1 King St W, Suite 4800-246, Toronto, Ontario Canada, M5H 1A1.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at michael@growandshare.ca.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to michael@growandshare.ca
Terms and Conditions of Use for Advertisers
Last modified: April 11, 2022
Acceptance of the Website Terms and Conditions of Use
These Terms and Conditions of Use are intended to apply to Advertisers. If instead, you are a Sharer, please see Terms and Conditions
These website terms and conditions of use for growandshare.ca and grownshare.ca, constitute a legal agreement and are entered into by and between you and Grow and Share Inc. (“Company,”, “Grow and Share,” “we,” “us,” “our“). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions“), govern your access to and use, including any Grow and Share content, functionality, services, platforms and computer or mobile applications offered on or through growandshare.ca and grownshare.ca or third-party providers (the “Website“).
BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT [GROWANDSHARE.CA], INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. In addition, by using this Website, you represent and warrant that at all times you are the legal age to possess cannabis under applicable law, including the federal and provincial law of the jurisdiction from which you are located when access this website. If you do not meet all of these requirements, you must not access or use the Website.
Grow and Share is a legal cannabis sharing platform.
Sharers use our Website to acquire new strains of dried cannabis through sharing with other community members, as well as to find local cannabis companies.
Advertisers use our Website to advertise their stores, prices of cannabis products, merchandise, and entry fees (for cannabis lounges) to Users.
Site Registration Subscription Fee for Advertisers:
We charge all advertisers a Site Registration Subscription Fee to advertise on our Website.
The pricing below reflects our introductory pricing.
Pay by Year (Annual Plan): A $2000.00 Yearly/Per Store advertised on Grow and Share web & Mobile application (Non-Refundable)
Pay by month (Monthly Plan): $225.00 CAD Monthly/Per Store advertised on Grow and Share web and mobile application.
Advertisers will be given a one (1) month’s free trial and after which will be charged $2000.00/Yearly or $225.00/Monthly Per store you want to be featured on our Web and mobile platform
Modifications to the Terms and Conditions and to the Website
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
In order to use our Website, a registration with us is required. Individuals who meet our minimum age requirement have the right to register. Registration will require age verification, which we may conduct in person by an owner/authorized employee or through our online age verification process.
We reserve the right to reject, or require that you change, a chosen username, password and/or other information provided by you during the registration.
Your username and password must be kept confidential as they are your account credentials. Any and all activity on any account registered using your account credentials is wholly your responsibility. It is mandatory to immediately notify us in writing is mandatory in the event that you believe your account has been compromised. Unauthorized use of your account, in any manner, should be reported to us immediately via e-mail at michael@growandshare.ca. If you use a social media account and/or third party such as Google sign-on to register, you authorize us to access, use, disclose and retain, in accordance with our privacy policy, the information we may obtain social from the third party in connection with your registration.
Only individuals of legal age to consume cannabis in the jurisdiction they are located in are permitted to register on our website, and must not enter, access or otherwise use our Website if located in a jurisdiction that does not permit the sharing of cannabis under applicable law.
Registration requires your email address and a password of your choice. In accordance with the provisions of data protection Grow and share has the right to save, and process the data provided by you during registration.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, interactive Map and other such functions, (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at [PRIVACY POLICY].
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
Code of Conduct
Our Website has a Code of Conduct containing rules that all users must abide by. Failure to abide by any of the rules may result in the disabling or termination of your account or access to our Website.
You must accurately represent yourself, and the products or services you are selling on Grow and Share. If you attempt to deceive or defraud users, we reserve the right to decide the correct course of action (which could result in the deletion and/or ban of your profile).
You must adhere to the following rules:
Prohibited Conduct
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions, including but not limited to if you:
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
Additionally, reserve the right to report you to the appropriate authorities, depending on the circumstances, in our sole discretion.
Share of Goods Policy
It is strictly forbidden for our users to sell any goods or services through our Website, with the exception of businesses that we permit to advertise products and services. Our Website is intended to enable users to share cannabis and businesses to publish advertisements for products and services in accordance with applicable law.
Listing Policy and Procedures
Our Website uses Interactive Functions to enable individual users to share cannabis strains and to enable advertisers to advertise to those users. The availability or promotion of a listing through our Website does not imply our endorsement of the listing or the provider.
Grow and Share makes absolutely no representations about any listings or any users. Any listings, including information regarding its availability, are subject to change without notice.
We reserve the right to remove any listing, at any time, without reason. You represent and warrant that you have the necessary authority and permissions to post a listing and to enter into any share with another community member.
The legal age to access our Website is dependent on the jurisdiction you are located in when you access the Website. You must be legal age in that jurisdiction to access and use our application. As of the latest update to our terms and conditions, the minimum legal age is:
• 18 in Alberta
• 21 in Quebec
• 19 in all other Canadian provinces and territories
If you are accessing this website from the United States, you must only access the website from jurisdictions where it is lawful to share cannabis and be at least 21 years of age.
Featured Listings and Subscription Services
In connection with the service, we may offer certain paid enhanced features, including but not limited to: (i) Featured Listing(s) (ii) Reach Extended: Allows advertisers to promote their listings on all platforms owned by Grow and Share (iii) Advertise headers: Shows up as advertisements (on whitespace) through-out our website(s) and/or platform(s) as well as advertised on our social media posts and stories.
All paid features are or will be set out and described on the Website and, unless expressly stated otherwise, are denominated in CAD dollars and are exclusive of any applicable taxes. Payments are processed through PayPal or another third-party service implemented by us. All billing and refund inquiries must be directed to finance@growandshare.ca. Electronic delivery of the paid service is provided immediately upon purchase.
We may offer paid services on a subscription basis with auto-renewing payments (“Subscription Services”). Paid services may have different billing periods which you will be notified of upon purchase of the respective Subscription service.
Subscription Services can be managed from your Grow and Share personal profile.
To cancel your subscription, browse to the “cancel subscription” option in your personal profile, select the Subscription Service you would like to cancel, and provide the reason for the cancellation. You must cancel a subscription service before the start of the subsequent billing cycle in order to avoid being charged for the subsequent billing period. If your cancellation is prior to the end of the current billing period applicable to the Subscription Service, you will continue to have access to the service through the end of your current billing period.
We reserve the right and sole discretion to modify any fees we charge you in relation to the website. We will provide you notice prior to any increase in the fees we charge. Any fee changes will be applied to the next billing period. Other than as expressly stated by us, all sales of paid services/subscriptions are final and there will be no refunds issued. Partially used subscription services do not qualify for refunds or credits to be used towards our Website.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and Business Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a business or advertiser submits, posts, publishes, displays, or transmits (collectively, “submit“) to the website, to other users or other persons (collectively, “Business Submissions“) and any and all Interactive Functions. Any and all Business Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website and any Business Submissions shall not:
Upon any violation we reserve the right to decide the appropriate course of action, which may include notification to appropriate legal authorities and the deletion of your registration and a ban on your profile or use of our Website.
Business Submissions: Grant of Licence
The Website may contain Interactive Functions allowing Business Submissions on or through the Website.
None of the Business Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any Business Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any Business Submission.
By submitting the Business Submissions, you declare and warrant that you own or have the necessary rights to submit the Business Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the Business Submissions and comply with these Terms and Conditions. You represent and warrant that all Business Submissions comply with applicable laws and regulations and the Business Submissions and Site Content Standards set out in these Terms and Conditions.
We are not responsible or legally liable to any third party for the content or accuracy of any Business Submissions submitted by you or any other user of the Website.
Site Monitoring and Enforcement, Suspension, and Termination
Company has the right, without provision of notice to:
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
No Reliance
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Privacy
By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such business content submissions in compliance with our Privacy Policy, found at [PRIVACY POLICY], as we deem necessary for use of the Website and provision of services.
By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see [PRIVACY POLICY].
Third-Party Websites
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and Business Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Returns and Exchange Policy
We hold no responsibility for products or services advertised by you on or through our Website. Unless the terms and conditions of the provider state otherwise, the risk of loss and title for all items ordered on our site pass to the buyer as soon as the shipment is in the hands of the shipment carrier.
Geographic Restrictions
The owner of the Website is based in the Province of Ontario in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. You are responsible for compliance with local laws of your jurisdiction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR CRIMINAL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, , DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your Business Submissions, User Submissions, third-party sites, or any use of the Website’s content, services, and products.
Governing Law and Choice of Forum
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario (or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Grow and Share regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Reporting and Contact
This website is operated by Grow and Share Inc. 1 King St West, Suite 4800-246, Toronto Ontario Canada, M5H 1A1
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at michael@growandshare.ca
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to michael@growandshare.ca