Terms of Service

TERMS OF USE AND SERVICE

These TERMS OF USE AND SERVICE govern your ("You," "Your") use of http://www.CannaTrader.io, our services, and all policies and additional terms posted on and in our sites (collectively referred to as the “Website”). Your use of the Website indicates Your acceptance of these Terms of Use and Service and Your agreement to use the Website for lawful purposes only and to comply with all terms of this Agreement when accessing or using the Website. If You do not wish to accept these Terms of Use and Service, please do not use the Website.

Overview

The Website is owned and operated by MyTask Labs LLC, a limited liability company ("We," "Our," "Us"). We reserve the right to change these Terms of Use and Service from time to time at Our discretion without notice. It is Your responsibility to be aware of any changes. Your continued use of the Website constitutes Your acceptance of any changes to these Terms of Use and Service.

About Us

The Website provides an online platform for parties that are licensed to buy and sell cannabis products (the "Goods"). Only registered users of the Website can access listings, sell Goods, and purchase Goods. The shipment of Goods is solely the responsibility of the seller and/or buyer, as agreed-upon by the seller and buyer. We do not facilitate the shipping of any Goods.

Cannabis Law Disclaimer

a. Controlled Substances Act

4.1. THE PRODUCTION, SALE, POSSESSION AND USE OF CANNABIS IS ILLEGAL IN THE UNITED STATES UNDER THE CONTROLLED SUBSTANCES ACT ("CSA"). CANNABIS IS CURRENTLY CLASSIFIED AS A SCHEDULE I CONTROLLED SUBSTANCE UNDER THE CSA. THE U.S. SUPREME COURT HAS CONFIRMED THAT THE U.S. FEDERAL GOVERNMENT HAS THE RIGHT TO REGULATE AND CRIMINALIZE CANNABIS, INCLUDING FOR MEDICAL PURPOSES, AND THAT U.S. FEDERAL LAW CRIMINALIZING THE USE OF CANNABIS PREEMPTS STATE LAWS THAT LEGALIZE ITS USE. WHILE THE PURCHASE AND SALE OF CANNABIS IS CURRENTLY LEGAL UNDER LAWS OF THE MARKETS WE OPERATE IN, THEY ARE SUBJECT TO CHANGE AND THE SALE AND POSSESSION OF MEDICAL AND RECREATIONAL CANNABIS MAY REMAIN ILLEGAL UNDER U.S. FEDERAL LAW. YOU CONTINUE TO BE AT RISK OF BEING PROSECUTED BY U.S. FEDERAL AUTHORITIES. FURTHER, THE LANDSCAPE IN THE CANNABIS INDUSTRY CHANGES RAPIDLY. WHAT PREVIOUSLY WAS THE LAW MAY NOT BE THE LAW TODAY OR IN THE FUTURE. THIS MEANS THAT AT ANY TIME THE U.S. FEDERAL LAW, OR THE APPLICABLE LAWS OF THE MARKETS WE OPERATE IN, CAN CHANGE OR THAT THE U.S. FEDERAL GOVERNMENT CAN SUPERSEDE THESE LAWS AND/OR TAKE PROSECUTORIAL ACTION.

b. We Do Not Hold a License

WE DO NOT POSSESS A LICENSE FROM ANY STATE TO TRANSACT ANY BUSINESS RELATING TO THE PURCHASE OR SALE OF MEDICAL OR RETAIL MARIJUANA. WE DO NOT PROVIDE CANNABIS SALES, AND WE ARE NOT A RETAILER, SUPPLIER, RESELLER, DISTRIBUTOR, AGENT, REPRESENTATIVE OR SUBCONTRACTOR OF ANY SUPPLIER OR RETAILER. YOU ACKNOWLEDGE AND AGREE THAT, IN THE PERFORMANCE OF SERVICES OR OTHERWISE, WE SHALL NOT TAKE, OR BE DEEMED TO HAVE TAKEN, DIRECTLY OR INDIRECTLY, POSSESSION OR CONTROL OF, OR ANY RELATED ACTION WITH RESPECT TO, ANY CANNABIS PRODUCT. ANY DECISION BY YOU OR ANOTHER ACCOUNT HOLDER TO SELL PRODUCTS TO A RETAILER OR ACCEPT PRODUCTS FROM A VENDOR IS A DECISION MADE IN YOUR SOLE DISCRETION OR ANOTHER ACCOUNT HOLDER’S SOLE DISCRETION. OUR SITE OFFERS INFORMATION AND THE ABILITY TO CONNECT VENDORS AND RETAILERS WITH EACH OTHER, BUT WE DO NOT INTEND TO PROVIDE SUPPLIER, RETAILER, OR DISTRIBUTION SERVICES OR ACT IN ANY MANNER AS A CANNABIS VENDOR OR RETAILER. WE DISCLAIM ALL RESPONSIBILITY OR LIABILITY FOR ANY SALE OF CANNABIS. WE FURTHER DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR TRANSACTIONS WHICH OCCUR BETWEEN ENTITIES WHICH ARE OR ARE NOT LICENSED BY THE MARKETS WE OPERATE IN TO BUY OR SELL MARIJUANA IN THE MANNER CONTEMPLATED HEREIN. THE POSSESSION, DISTRIBUTION, PRODUCTION, OF CANNABIS AND CANNABIS PRODUCTS OR CONSPIRING OR ASSISTING SOMEONE TO DO THE SAME IS ILLEGAL UNDER FEDERAL LAW AND THE LAWS OF MANY STATES.

c. Fee Structure

REGARDLESS OF THE STRUCTURE OF THE FEES (WHETHER THE FEES ARE STRUCTURED AS FLAT PAYMENTS OR BASED ON A PERCENTAGE OF GOODS TRANSACTED) YOU AND WE ACKNOWLEDGE AND AGREE THAT THE FEES ARE INTENDED TO REFLECT THE VALUE OF THE SITE AND SERVICES PROVIDED BY US AND IN NO EVENT SHALL THE FEES BE CONSIDERED (I) OWNERSHIP, (II) PARTICIPATION IN THE OVERALL REVENUE OR PROFIT OF ANY LICENSEE, (III) A LOAN, OR (IV) ANY KIND OF DIRECT OR INDIRECT FINANCIAL INTEREST. IN THE EVENT ANY GOVERNMENTAL ENTITY CONSIDERS THE FEES PAID UNDER THIS THIS MSA, THE SITE AND/OR THE SERVICES, EITHER INDIVIDUALLY OR COLLECTIVELY, TO EXCEED A THRESHOLD THAT WOULD INDICATE A FORM OF OWNERSHIP UNDER APPLICABLE LAW, THEN, AT OUR SOLE DISCRETION, SUCH EXCESS AMOUNT SHALL BE PLACED BY YOU INTO ESCROW AND PAID OUT IN A MANNER THAT IS COMPLIANT WITH APPLICABLE LAW.

d. Absence of Control

IN ORDER TO COMPLY WITH APPLICABLE LAW, YOU AND WE ACKNOWLEDGE AND AGREE ANY PROPOSED OR ACTUAL TRANSACTION CONDUCTED ON THE SITE AND ANY USE OF THE SERVICES IS AN ARM'S LENGTH TRANSACTION, SUCH THAT WE ARE NOT EXERTING ANY CONTROL, MANAGEMENT, DIRECTION OR OWNERSHIP OVER YOU. TO ENSURE CONTINUED COMPLIANCE WITH APPLICABLE LAW, IN THE EVENT ANY GOVERNMENTAL ENTITY DETERMINES YOUR USE OF THE SITE OR THE SERVICES (i) NO LONGER ESTABLISHES AN ARM'S LENGTH TRANSACTION OR (ii) ESTABLISHES CONTROL, MANAGEMENT, DIRECTION OR OWNERSHIP BY US OVER YOU, WE RESERVE THE RIGHT TO ADJUST THIS MSA, THE SITE AND/OR THE SERVICES TO REFLECT AN ARM'S LENGTH TRANSACTION OR REMOVE ANY CONTROL, MANAGEMENT, DIRECTION OR OWNERSHIP BY US OVER YOU.

e. User Assumption of Risk

YOU ASSUME ALL CRIMINAL AND CIVIL RISK RELATED TO ANY PROPOSED OR ACTUAL TRANSACTION CONDUCTED ON THE SITE OR YOUR USE OF THE SERVICES. YOU ARE RESPONSIBLE FOR ENSURING THE LEGALITY OF ANY TRANSACTION CONDUCTED ON THE SITE OR YOUR USE OF THE SERVICES. WE MAKE NO REPRESENTATION OF ANY KIND WHATSOEVER THAT THE TRANSACTIONS CONDUCTED BY YOU ON THIS SITE ARE LAWFUL UNDER FEDERAL, STATE, OR LOCAL LAW.

No Party to Contracts

We are not a party to any of the contracts for sale between third-party sellers and third-party buyers. We may offer guidance as to pricing, shipping, and listing, but this is done solely for information purposes only. Unless otherwise explicitly stated herein, We have no control over the Goods themselves that are sold and purchased through the Website. We do not guarantee the existence, quality, or safety of the Goods as listed on the Website, nor do we make any representations regarding the Goods advertised on the Website or the accuracy of a listing. All representations regarding the Goods are made solely by the sellers, and the sellers and buyers are responsible for ensuring the existence, quality, safety, shipping, legality, and all other items concerning the Goods.

Privacy Policy

We request that You review our Privacy Policy so that You understand what information We collect and how that information may be used. The Privacy Policy is located on our Website.

Content

The content located on the Website (the "Content") is the property of Us, Our licensors, or the sellers. This includes specifically all the Goods that are being sold on the Website. The Content is protected by copyright, trademark, and/or other intellectual property laws where applicable. We strive to keep all Content updated, but We make no warranties or representations regarding the availability of the Website and the accuracy of said Content. We reserve the rights to change or update all Content and to correct errors, inaccuracies, or omissions at any time without prior notice.

Fees and Taxes

Providers will be charged a monthly usage fee to list on the Website. All Goods sold and purchased through the Website are intended to be sold and purchased where the purchase and sale of the Goods are legal when performed by properly licensed parties. It is the responsibility of the buyers and sellers to communicate and arrange for the proper, legal transport of the Goods and payment.

Limitations on Usage

You may not use the Website or Content in any way whatsoever that would cause infringement to the rights of any person or entity.

Registration

In order to sell or purchase any Goods on the Website, You must register. As part of the registration application, You must supply personal information, including, but not limited to: full name, email address, phone number, shipping address and information, licensure information, copy of Your driver’s license, and potentially other information as required. Upon registration application, We will confirm Your licensure. You will not be a registered user until We have confirmed You are legally authorized to sell and/or purchase Goods. You are responsible for all activity conducted under Your account and maintaining confidentiality of your account information, including your password.

Seller Requirements

By listing a Good on the Website, You agree to the following: You assume full responsibility for the Goods listed and accuracy of the listing; You are properly licensed to sell and transfer the Goods; all transfers of Goods are done by licensed couriers; the Content You provide for the listing does not infringe any third-party rights; We are never in possession of the Goods; We may review and remove any listing that does not comply with these Terms of Use and Service or other agreements; and We may suspend or remove any seller who does not comply with these requirements.

Listing Requirements

When You list Goods for sale on the Website, You are granting Us a non-exclusive license, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all intellectual property rights You have in that content in connection with the services We provide. All details relating to the shipping and delivery of the Goods shall be included in the listing.

Buyer Requirements

By purchasing a Good, You are entering into a binding contract with the seller. You are responsible for reading the full listing for the Goods before purchasing; You are properly licensed to purchase the Goods; and We are never in possession of the Goods. We may suspend or remove any buyer who does not comply with the requirements of these Terms of Use and Service.

Age Limitation

You must be twenty-one (21) years of age or older to access and use the Website. By using the Website, You warrant and represent that you are at least twenty-one (21) years of age.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE GOODS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Warranties and Disclaimers

YOU AGREE THAT YOUR USE OF THE WEBSITE, RELIANCE ON THE CONTENT, AND YOUR USE OF THE GOODS IS DONE AT YOUR SOLE RISK. THE GOODS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Indemnification

You shall indemnify and hold Us and Our officers, directors, employees, and agents harmless for any losses, claims, damages, liabilities, awards, demands, penalties, or injuries, including reasonable attorney fees, from any claim or demand by any third party, arising from Your use of the Website or the Goods.

Governing Law

You and We each agree that these Terms of Use and Service are to be interpreted, construed, and governed in accordance with and by the laws of the state in which We are located, without reference to its principles of conflicts of laws.

Arbitration

You and We each agree that any controversy or claim related to these Terms of Use and Service or the Goods shall be determined by arbitration in accordance with the American Arbitration Association.

Third-Party Sites

The Website may contain hyperlinks to third-party websites, all of which are provided solely for Your convenience. We make no representations or warranties regarding these third-party websites.

Force Majeure

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control.

No Business Relationship

There is no joint venture, partnership, employment, or agency relationship created between You and Us as a result of this Agreement, Your use of the Website, and/or the Goods.

Non-Transferrable

All accounts registered with the Website are non-transferable. Only the registered user can use the account.

Copyright Complaints

If You believe that any Content on the Website constitutes copyright infringement, please provide Us with specific details via email.

Contact Information

Should You have any questions or concerns about these Terms of Use and Service or the Website, please email us at support@CannaTrader.io.