Terms Of Service For Trimd.ca
The website located at www.TRIMD.ca and related sub-domains, mobile and/or software applications (the “Site”) is a copyrighted work belonging to TRIMD Holdings, Inc., and its affiliates, subsidiaries, parent company, and other related companies (“TRIMD,” “Us”, “Our,” and/or “We”). The Site provides cannabis-related news, information, retailer directories, product information, reviews and software, sales, analytics and inventory management services (collectively, with all other services provided by TRIMD, the “Services”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “user,” “you” and “your” refer to you, a user of our Site and/or Services.
Please read these terms carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations.
1. Important Disclaimers.
All information contained on the site and services is for informational purposes only. Trimd is a technology platform and is not a cannabis licensed producer, retailer, cultivator or brand. Trimd does not itself manufacture, package, label, sell or promote any of its own cannabis products. Trimd only makes information relating to cannabis retailers (“retail locations”), licensed producers and their products available on its platform. Trimd may, as one of its services, also provide users with the ability to transmit orders, pick-up, delivery or other information to retail locations or other third parties.
The third-party retailers and brands who make their products, content and services available on the site are solely responsible for ensuring their products, content and services are compliant. Trimd is a communication medium only and does not control the supply, sale, or production of any cannabis-related products, pick-up or delivery services.
Trimd does not endorse and is not responsible for the accuracy or reliability of, any opinion, advice, statement, or other information made on the site or services, including user content and third-party materials (each as defined below). Trimd is not responsible for your relationship with any retail location, any third-party, or other users of the site or services. Trimd is not obligated to screen retail locations, health care providers, or their menus, content, or sales to determine whether they are qualified or authorized by law to provide their services or to determine the accuracy of their menus or other information they provide.
Trimd does not offer medical advice. Any information accessed through the site and services, or within any of trimd’s social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment, and is not intended to cover all possible uses, directions, precautions, or adverse effects. Such information includes, without limitation, third-party materials, user content, and trimd-generated content derived from user content (e.G., strain highlights, attributes, and other data). The information on the site and services and provided via trimd’s social media pages and channels should not be used for the diagnosis or treatment of any medical condition. Always consult a qualified health care provider if you have any questions about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the site, services, or on trimd’s social media pages and channels
The foregoing disclaimers and limitations on liability shall not limit the more general disclaimers and limitations on liability in sections 9 and 10 or elsewhere in this agreement.
2. Eligibility And Accounts.
2.1 Eligibility. You must be 19 years of age to use the Site and/or Services within Canada.
2.2 Account Creation. In order to use certain features of the Site (i.e., to use the Services), you must register for an account with TRIMD (“TRIMD Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one TRIMD Account. TRIMD may suspend or terminate your TRIMD Account in accordance with Sections 6.4 and 11.
2.3 Account Deletion. You may delete your TRIMD Account at any time, for any reason, by sending an email to firstname.lastname@example.org which includes your TRIMD Account Username and your request to delete your account.
2.4 Account Responsibilities. You are responsible for maintaining the confidentiality of your TRIMD Account login information and are fully responsible for all activities that occur under your TRIMD Account. You agree to immediately notify TRIMD of any unauthorized use, or suspected unauthorized use, of your TRIMD Account or any other breach of security. TRIMD cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.1 License. Subject to the terms of this Agreement, TRIMD grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, noncommercial use. Subject to the terms of this Agreement, TRIMD grants you a non-transferable, non-exclusive license to install and use the software TRIMD makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
3.3 Modification. TRIMD reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that TRIMD will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
3.4 Ownership. Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by TRIMD or TRIMD’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. TRIMD and its suppliers reserve all rights not granted in this Agreement.
5. USER CONTENT
5.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that TRIMD is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. TRIMD does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.
5.2 User Content – Restrictions. You agree not to use the Site, Services, or any of TRIMD’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
5.3 User Content – Your Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by TRIMD. You acknowledge and agree that TRIMD is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. TRIMD does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not TRIMD), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. TRIMD is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
5.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to TRIMD an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
5.5 Feedback. If you provide TRIMD any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to TRIMD all rights in the Feedback and agree that TRIMD shall have the right to use such Feedback and related information in any manner it deems appropriate. TRIMD will treat any Feedback you provide to TRIMD as non-confidential and non-proprietary. You agree that you will not submit to TRIMD any information or ideas that you consider to be confidential or proprietary.
6. ACCEPTABLE USE POLICY.
The following sets forth TRIMD’s “Acceptable Use Policy”:
6.1 Reviews. You must have a valid account and email address to leave a review on TRIMD. Prior to posting a review, you will need to verify your email address associated with your TRIMD account. You agree not to post reviews on the Site, Services, or any of TRIMD’s social media pages or channels that are paid or incentivized, are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of TRIMD’s social media pages or channels must not: (a) be written exclusively in capital letters; (b) be plagiarized; (c) contain spam, advertisements, and/or links to external websites; (d) contain disparaging information about any Retail Location employees or any other person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the Retail Location, (f) contain references to Retail Locations or competitors other than the product or Retail Location being reviewed, or (g) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a Retail Location you may not post reviews about your Retail Location or products or about your competitors’ Retail Location or products or incentivize others to post reviews about your or your competitors’ Retail Locations or products. As an owner of a Retail Location, you are responsible for moderating and enforcing the Acceptable Use Policy on all reviews posted to your Retail Location page.
6.2 Photos. Image files must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 6.
6.3 Technological Restrictions. In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or TRIMD or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
6.4 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your TRIMD Account in accordance with Section 11, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
You agree to indemnify and hold TRIMD (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. TRIMD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of TRIMD. TRIMD will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; SALES; MENUS; OTHER USERS; RELEASE.
8.1 Third-Party Interactions. During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party Retail Locations, service providers, advertisers, or sponsors showing their goods and/or services through the Service. In particular, TRIMD is not a party to any purchase transaction that you may enter into with a third-party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. TRIMD shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
8.2 Third-Party Materials. The Site or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as Sales and Retail Location Menus, including pricing, product names, and product descriptions each Menu (defined below) (collectively, “Third-Party Materials”). You acknowledge and agree that TRIMD is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. TRIMD does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
8.3 Sales. The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed Retail Locations (collectively, “Sales”). Sales constitute “Third Party Materials” under this Agreement. TRIMD displays these Sales on the Site and Services as a form of advertisement for the listing Retail Location (the “Offeror”) only. All Sales are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services. The Offeror, and not TRIMD, is solely responsible for: (a) redemption of the Sale; (b) compliance of all aspects of the Sale with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Sale; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Sale or not.
8.4 Other Users. Each user of the Site or Services is solely responsible for any and all of its User Content and Third-Party Materials. Because we do not control User Content and/or Third-Party Materials, you acknowledge and agree that we are not responsible for any User Content and/or Third-Party Materials, we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and we assume no responsibility for any User Content and/or Third-Party Materials. Your interactions with other Site or Service users (including Retail Locations) are solely between you and such user. You agree that TRIMD will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
8.5 Release. In consideration of your use of the Site and Services, you hereby release and forever discharge TRIMD (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including claims related to privacy, receipt of text messages, personal injuries, death, and property damage), known or unknown, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials. You hereby agree that the release above applies to all claims, including claims you did not know existed at the time you signed this Agreement.
Some jurisdictions do not allow the exclusion or limitation of certain warranties, so a portion or all of the following exclusions or limitations may not apply to you.
The site and services are provided “as-is” and “as available” and we (and our suppliers) expressly disclaim, to the fullest extent permitted by applicable law, any warranties and conditions of any kind, whether express, implied, legal or statutory, written, oral or arising from course of dealing, usage of trade or otherwise, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Without limiting the foregoing, trimd (and our suppliers) make no warranty that the site or services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
10. LIMITATION ON LIABILITY
Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so a portion or all of the below limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
To the fullest extent permitted by applicable law, in no event shall Trimd (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to this agreement or your use of, or inability to use, the site or services, even if we have been advised of the possibility of such damages. Access to, and use of, the site and services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, trimd’s (and our suppliers’) liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty cdn dollars ($50) or (b) amounts you’ve paid trimd in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit.
11. TERM AND TERMINATION.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your TRIMD Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your TRIMD Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your TRIMD Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. TRIMD will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your TRIMD Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.4, 4–14.
12. COPYRIGHT POLICY.
TRIMD respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information must be provided to our designated Copyright Agent:
12.1 Your physical or electronic signature;
12.2 Identification of the copyrighted work(s) that you claim to have been infringed;
12.3 Identification of the material on our services that you claim is infringing and that you request us to remove;
12.4 Sufficient information to permit us to locate such material;
12.5 Your address, telephone number, and e-mail address;
12.6 A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
12.7 A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
The Designated Copyright Agent for TRIMD is:
TRIMD Holdings, Inc.
14.1 No Support or Maintenance. You acknowledge and agree that TRIMD will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
14.3 Copyright/Trademark Information. Copyright © 2020, TRIMD Holdings, Inc. All rights reserved. TRIMD®; the TRIMD logo; the TRIMD green colour used; the TRIMD green, purple, red and blue colors used for hybrid, indica, sativa and CBD cannabis strains; are trademarks of TRIMD Holdings, Inc. You acknowledge and agree that You are not permitted to use TRIMD’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, TRIMD Holdings, Inc., or the owners of such third-party marks.
14.4 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by TRIMD of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and TRIMD. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TRIMD’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
14.6 TRIMD Contact Information:
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
The parties hereto have expressly requested that these Terms and any ancillary documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes modalités et tout document y afférant soient rédigés en langue anglaise.