Informational Content Disclaimer
THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. GENCANNA’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Hyperlink Disclaimer: The Site contains hyperlinks to other websites on the Internet or may otherwise include references to information, products, or services made available by third-parties. These hyperlinks and references are not express or implied endorsements or approvals by GenCanna, or any products, services or information available from these sites, and are provided merely as a convenience for the User. User acknowledges that GenCanna is not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites, nor is GenCanna responsible for errors or omissions in any references made on those websites.
(N/D) Non-Detect Disclaimer
THC is inherently present in trace amounts in hemp plants. We test our products to confirm that the presence of Δ-9-Tetrahydrocannabinol (Δ-9-THC) and Tetrahydrocannabinolic Acid (THCA) are non-detectable (none detected above the requisite limits of detection for each product type); however sensitivities of drug testing methodologies may vary.
Site Availability and Use. User understands and agrees that temporary interruptions of the Site may occur as normal events that are out of GenCanna’s control. User agrees that GenCanna has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Site. Children under the age of 13 may not use the Site. Children under the age of 18 may only use the Site with the involvement of a parent or legal guardian.
Online Services and Disclaimer of Warranty. The GenCanna web site provides online resources including, but not limited to, online information regarding GenCanna’s operations, industry news and products. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS. The online resources, informational content, and software on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. GenCanna assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the GenCanna web site.
User account. Users will be provided a username and password upon completing the registration process. User agrees to immediately notify GenCanna at [email protected] should User know, or have reasonable grounds to suspect, that the username and password have been compromised. GenCanna shall not be responsible for User’s failure to abide by this Paragraph.
Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the GenCanna web site, or privately transmitted through the GenCanna web site, are the responsibility of the User from which such informational content has originated, and are not endorsed by GenCanna. User is fully responsible for any and all informational content that User uploads, posts, e-mails, or transmits using the GenCanna web site. Although GenCanna does not pre-screen or police the informational content Users transmit through or to the Site, GenCanna reserves the right to remove any and all postings that, in GenCanna’s opinion, do not comply with this TOS and any other rules of user conduct for the Site. GenCanna is not responsible for any failure or delay in removing such postings. Under no circumstances shall GenCanna be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall GenCanna be held liable for any errors or omissions in any informational content transmitted by Users.
User conduct. User agrees to not use the GenCanna web site to:
upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, abusive, harassing, deceptive, fraudulent, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
harm legal minors;
collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;
impersonate another User, person, or entity, including any official or employee of GenCanna;
intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
upload, post or transmit any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
interfere with the operation of GenCanna’s web servers or other computers or Internet or network connections;
upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
access secured, protected, or inaccessible areas of the Site, or attempt to gain access to other networks or servers via your use of this Site;
upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
GenCanna does not pre-screen uploaded, posted or transmitted content, but GenCanna reserves the right to inspect, edit and delete any content that GenCanna knows, or has reason to know, has violated this TOS. GenCanna reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS. GenCanna may disclose any informational content Users post, upload or transmit to the GenCanna web site, if such disclosure is necessary to enforce this TOS, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of GenCanna, the public, or other Users.
Content submitted by Users. GenCanna does not claim ownership of any informational content submitted by Users to the GenCanna web site. User grants GenCanna a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the GenCanna web site. This license exists only so long as User allows its content to remain on the GenCanna web site and will terminate in the event that User removes such content.
Indemnity. You agree to indemnify and hold GenCanna, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the TOS, or your violation of any rights of another.
No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the GenCanna web site.
Limits and modifications. GenCanna may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in the online communities, or to the number of times Users may access the GenCanna web site. GenCanna reserves the right to modify any and all portions of the GenCanna web site without notice. Under no circumstances shall GenCanna be liable to User or any other party for such limits or modifications.
Termination of User account. GenCanna may, at its sole discretion, suspend or terminate the User’s account for any reason. Under no circumstances shall GenCanna be liable to User or any other party for for any claims or damages arising out of any termination or suspension of any account.
Third party advertisers. GenCanna may allow third party advertisers to advertise on the GenCanna web site. GenCanna takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. GenCanna shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
Hyperlink policy. The GenCanna website may contain hyperlinks to other Internet sites not under the editorial control of GenCanna. These hyperlinks are not express or implied endorsements or approvals GenCanna, of any products, services or information available from these sites.
GenCanna Intellectual Property. “Content” is defined as any defined as any text, user interfaces, visual interfaces, computer code, artwork, photographs, video, graphics, music, sounds, or other material that can be viewed by users on the Site, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site, and is owned, controlled, or licensed by or to GenCanna. By accepting this TOS, User agrees that all content presented on this Site is protected by any and all intellectual property rights available in the United States, including but not limited to copyright laws, and is the sole property of GenCanna. User agrees not to copy, reproduce, modify, republish, upload, post, transmit, distribute the Content or create derivative works based on the Content. In addition, GENCANNA, GENCANNA QUICK START PROGRAM, GENCANNA PRODUCTION PLATFORM, GPP, and various logos displayed on the Site and on GenCanna’s products are trademarks or service marks (registered or unregistered) of GenCanna. GenCanna may own additional trademarks and service marks not listed here. Nothing in this TOS grants User any right to use any trademark, service mark, logo, and/or the name of GenCanna.
No Warranties. THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. GENCANNA MAY MAKE CHANGES TO THE INFORMATION ON THIS SITE AT ANY TIME WITHOUT NOTICE, AND GENCANNA MAKES NO WARRANTY THAT INFORMATION AVAILABLE AT THIS SITE MAY NOT BE OUT OF DATE.
Limitation of Liability. GENCANNA’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS OR INFORMATION RECEIVED (IF ANY). GENCANNA IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
Notice. Notices may be posted to the GenCanna web site or e-mailed to Users using the e-mail address Users submitted during the registration process.
Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to [email protected]. You may also contact GenCanna by writing to Us at GenCanna, 4274 Colby Road, Winchester, KY 40391, or by calling Us at (877) 340-6070. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
General. This TOS constitutes the entire agreement between you and GenCanna and governs your use of the GenCanna web site. This TOS shall be governed by the laws of the State of Delaware. The failure of GenCanna to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Any claim arising under the terms of this TOS must be brought within one (1) year after such claim or cause of action arose or be forever barred.
Violations. Please report any known or suspected violations of the TOS, including any suspected copyright or trademark violations, to [email protected].
Collection and Use of Personal Information. GenCanna may collect Personal Information when you use certain services on the GenCanna website or when you visit cookie-enabled web pages. GenCanna may also automatically collect certain non-personally identifiable information from your browser, such as your internet service provider’s address, the web page from which you came, and a record of your activity on our site. If you visit the GenCanna website using a mobile device, we may collect information about the device, including the operating system and your location. GenCanna uses Personal Information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on the GenCanna website. GenCanna uses information collected from you with technology to help with usability of the GenCanna website, help us to ensure that the website works properly on your device, and to help us generally improve the content and layout of the website. GenCanna may also use “cookie” files to better serve your needs by creating a customized website which fits your needs. GenCanna does not market to, seek to solicit information from, or knowingly collection information from minors.
Sharing and Disclosure of Personal Information. GenCanna will not sell or rent your Personal Information to any individual, business, or government entity. GenCanna may share your Personal Information with other entities should you request GenCanna to share such information, or if GenCanna is required to respond to court orders, subpoenas or other legal process.
User Accounts. GenCanna may allow users to set up personal accounts to shop in an online store or participate in our online communities. You have the ability to edit your User Information at any time and may delete your account at your convenience. Under no condition will GenCanna share your user account information with another individual, business or government entity, unless GenCanna is required to respond to court orders, subpoenas or other legal process.
Encryption. All user account pages are protected with Secure Socket Layer (“SSL”) encryption. All user accounts must be accessed with usernames and passwords. You are advised not to share your username and password with any other person.
Sale of Business. It is possible that at some point GenCanna may sell some, all, or certain portions of its business or assets to other companies. When such an event occurs, visitor information (including personally identifiable information) may constitute part of the transferred business assets. In the event that substantially all of GenCanna’s assets are sold to another company, visitor information (including personally identifiable information) likely will be considered an asset that will be transferred to the acquiring company.
Amendments. GenCanna reserves the right to amend this policy at any time. GenCanna will contact registered users by e-mail and shall also post a notice of changes on its website, if and when the terms of this policy are amended.
Contact. You may contact GenCanna directly by e-mailing [email protected] should you have any questions regarding this policy.