CANFINDER - TERMS AND CONDITIONS
Canfinder.com otherwise known as “Canfinder” is a copyrighted brand and network belonging to The New Era Group LLC. Canfinder.com is an online resource for various cannabis related material. The material includes reviews, conversations, personal opinions/posts, pictures, directory of cannabis related stores (this may include retail stores, horticulture shops, paraphernalia outlets, and other retailers dealing within the legal cannabis industry), and promotions dealing within the legal cannabis industry (such as horticulture supplies or retail store discounts and reviews). Particular features of the previously listed services of Canfinder.com are subject to change. These changes will be addressed in some way on the Canfinder.com itself. All additional terms, guidelines, and rules are incorporated into this Agreement by reference.
This agreement places the legally binding terms for your use of Canfinder.com and its services. By using or accessing Canfinder.com you are also agreeing to the terms that are being set forth within this agreement. In tandem with this agreement you concede and warrant that you have the authority, right, and ability to enter into these terms/this agreement. You may not enter or use Canfinder.com if you do not have the ability to enter into these terms/this agreement. If you are using Canfinder.com on behalf of any entity other than yourself then you also concede that you have the ability to represent this entity, company, or organization and that you are a legitimate representative of said entity, company, or organization with the authority to enter into these terms/this agreement.
1.DISCLAIMERS: All of the information displayed on Canfinder.com or the Canfinder APP is for informational purposes only. Information posted on any third-party service, social media channel, mobile application, or website is for informational purposes only. Canfinder is not responsible for and does not promote the reliability or accuracy of any opinion, statement, suggestion, or any other form of information that may be presented on Canfinder.com including general user content, business user content, or any third party entity. Canfinder is not responsible for any relationship you may have with any of the general or business users (no matter their classification) on Canfinder.com.
1a. Canfinder does not offer medical advice. Any information that is accessed through Canfinder.com is for informational and educational purposes only. Canfinder is not responsible for any information that may be posted to Canfinder.com containing articles or content that suggests benefits or the contrary of cannabis usage or practices. The intention of Canfinder is to share ideas NOT to issue medical advice, diagnosis, or treatment, and is NOT intended to cover all possible uses, directions, precautions, or adverse effects. Please seek medical guidance from a licensed health care provider.
1b. Canfinder DOES NOT allow users to utilize Canfinder to purchase, buy, and/or deliver cannabis or any recreational or illegal drug. Canfinder offers information in regards to legal businesses that operate under state issuedlicenses to cultivate and sell cannabis while abiding by recreational or medical legislation. Canfinder also allows for open discussion in relation to cannabis while enforcing the guidelines set forth above and below.
2.ACCOUNTS: To have full access and usage of Canfinder and its services you must register for an account with Canfinder. To do so you must provide us with information pertaining to yourself within the signup registration form. You represent and warrant that all required registration information is accurate and truthful and that you will maintain the accuracy of this information over time. Your account may be suspended at anytime at the discretion of Canfinder (this will be detailed more later on).
2a. You are responsible for maintaining the confidentiality of your Canfinder account login information and are fully responsible for any content published or shared on your Canfinder account. You agree to immediately notify Canfinder of any unauthorized use, or suspected unauthorized use of your Canfinder account or any other breach of security. Canfinder cannot and will not be liable for any loss or damage coming from your failure to comply with these requirements.
3.USER CONTENT: User Content refers to all the information and content that a user submits, shares, and uses with Canfinder. This includes and is not limited to content in the user’s profile, content that is posted or shared, comments that are posted, and messages that are sent to or shared with other users. You acknowledge and agree that Canfinder is not responsible for the decency, legality, timeliness, validity, copyright compliance, completeness, accuracy, quality or another other aspect thereof. Canfinder will not assume and does not have any responsibility or liability to you or any other user for the use or misuse of User Content.
3a. You are solely responsible for your User Content. You claim responsibility for all risks associated with the use of your User Content. These include 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 represent and warrant that your User Content does not violate the Acceptable Use Policy (detailed in the following category). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Canfinder. Seeing that you are responsible for your User Content, you may expose yourself to liability if your User Content violates the Acceptable Use Policy. Canfinder is not responsible for the backing up of User Content. You are responsible for backing up your content and saving copies of User Content if you so choose. Content may be deleted at Canfinders discretion at anytime.
3b. You hereby grant, and you represent and warrant that you have the right to grant, to Canfinder a nonexclusive, irrevocable, royalty-free and fully paid, worldwide license to distribute, reproduce, 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 on Canfinder.com and it’s 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.
3c. If you provide Canfinder with any feedback, suggestion, or complaints regarding Canfinder.com or it’s services, you grant Canfinder the rights to use this information that you have provided in any way that Canfinder sees fit. All feedback, suggestions, or complains will be treated as non-confidential and non- proprietary. You agree that you will not submit any sort of feedback, suggestion, or complaint that you wish to keep confidential or proprietary.
4.WEBSITE AND MOBILE APPLICATION: According to the terms of this agreement, Canfinder grants you a non-exclusive, non-transferable, license to use Canfinder and its services for your personal and noncommercial use. According to the terms of this Agreement, Canfinder grants you a non-exclusive, non-transferable, license to install and use the software Canfinder makes available for mobile devices, in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. As used in this agreement, the term “Services” includes the Mobile App.
4a. The rights granted to you in this agreement are subject to the following restrictions:
- You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Canfinder.com
or its services.
- You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of Canfinder.com
or its services.
- You shall not access Canfinder.com or its services in order to build a similar or competitive service.
- No part of Canfinder.com or its 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 Canfinder.com or it’s services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or its services content must be retained on all copies thereof.
4b. Canfinder maintains the right to, at any time, modify, suspend, or discontinue Canfinder.com or its services without notice. You agree that Canfinder will not be held liable for you or any third party for the modification, discontinuance, or suspension of Canfinder.com or its services.
4c. Other than your personal User Content, you accept that all the property rights, including patents, trademarks, copyrights, and trade secrets, on Canfinder.com and its services are owned by Canfinder or those legally associated. Canfinder reserves all rights not granted in this agreement.
4d. You acknowledge that this agreement is between you and Canfinder and not between you and the platform which you have downloaded the mobile app from. Canfinder is solely responsible for this app, not the app platform. As well as this, the maintenance, the support services, and warranty therefor, and addressing any claims relating thereto. You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement.
5.ACCEPTABLE USE: The following details the Acceptable Use Policy.
5a. General restrictions – You agree to not use Canfinder.com, it’s services, or any of Canfinder’s social media channels or pages to upload, collect, display, transmit, or distribute any User Content that violates any third-party, including their trademark, copyright, trade secret, moral right, patent, right of publicity, privacy right, or any other intellectual property or proprietary right; that is unlawful, abusive, harassment, threatening, harmful. Invasive of other’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or otherwise objectionable material of any kind, nature, or of which is harmful to minors in any way; or in violation of any law, regulation, restrictions or obligations imposed by any third party.
5b. You agree not to post reviews on Canfinder.com, it’s services, or any of Canfinder’s social media channels or pages that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on Canfinder 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 Canfinder.com, it’s services, or any of Canfinder’s social media channels or pages must not: be written exclusively in capital letters, be plagiarized, contain spam or advertisements, contain personally identifying information about any Dispensary employees or “Hydro Shop” employees or any other person, 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 Dispensary or “Hydro Shop”, contain references to Dispensaries, “Hydro Shops”, or competitors other than the product or Dispensary being reviewed, or contain unrelated personal grievances. If you are an owner, volunteer, or employee of a Dispensary or “Hydro Shop” you may not post reviews about your Dispensary or products or about your competitors’ business or products.
5c. Image files must only 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. Products should be centered in the image file. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. 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 document.
5d. You agree not to use Canfinder.com or it’s services to:
- Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
- Harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
- Interfere with, disrupt, or create an undue burden on servers or networks connected to Canfinder.com or it’s services or violate the regulations, policies or procedures of such networks.
- Harass or interfere with another user’s use and enjoyment of Canfinder.com or it’s services.
- Introduce software or automated agents or scripts to Canfinder.com or it’s services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from Canfinder.com or it’s services.
- 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.
- Attempt to or impersonate another user or Canfinder or gain unauthorized access to Canfinder.com or it’s services, other computer systems or networks connected to or used together with Canfinder.com or it’s services, through password mining or other means.
5e. We reserve the right 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 Canfinder account in accordance with Section 10, 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.
5f. Users are solely responsible for the content that they share on Canfinder. If another user deems any of the material that you have shared as objectionable, they will report said content to our administration for review. We will review your content within 24 hours of receiving a report ticket and will make a decision with reference to the terms put forth by Apple’s App Store and the Google Play store to decide if the content you have shared is in fact objectionable content. If your content is deemed objectionable and you have agreed to these terms, your account will be suspended without notification. Your account may be reactivated upon communication with our administration. If a second offense occurs relating to objectionable content and/or another report relating to abusive behavior on Canfinder and it’s services, then a permanent ban will be issued with no notice or opportunity for redemption.
6.THIRD PARTY MATERIALS: Other Users; Deals; Release
6a. Canfinder.com or it’s 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 Deals (defined below) (collectively, “Third Party Materials”). You acknowledge and agree that Canfinder is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Canfinder 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.
6b. Canfinder.com or it’s services might display, include or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. Canfinder displays these Deals on Canfinder.com and it’s services as a form of advertisement for the listing dispensary (the “Offeror”) only. All Deals 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 Canfinder.com or it’s services. The Offeror, and not Canfinder, is solely responsible for:
- redemption of the Deal
- compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto)
- all goods and services it provides to you in connection with the Deal.
- 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 Deal or not.
6c. Each user of Canfinder.com or it’s services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Canfinder or it’s service users (including Dispensaries) are solely between you and such user. You agree that Canfinder 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 Canfinder or it’s service’s user, we are under no obligation to become involved.
6d. You hereby release and forever discharge Canfinder (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 personal injuries, death, and property damage), 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 Canfinder or it’s service users or Third Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7. YOU AGREE TO INDEMNIFY AND HOLD CANFINDER (AND ITS OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, ACTIONS, JUDGMENTS, AWARDS, PENALTIES, FINES, COSTS AND 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 CANFINDER OR IT’S SERVICES, (II) YOUR USER CONTENT, (III) YOUR VIOLATION OF THIS AGREEMENT; OR (IV) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. Canfinder 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 Canfinder. Canfinder will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8.DISCLAIMERS: CANFINDER.COM AND IT’S 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 OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CANFINDER (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT CANFINDER.COM OR IT’S 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.
9.LIMITATION ON LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANFINDER (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, CANFINDER.COM OR IT’S SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, CANFINDER.COM AND IT’S 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, CANFINDER’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 US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID CANFINDER IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
10.TERM AND TERMINATION: Subject to this Section, this Agreement will remain in full force and effect while you use Canfinder.com or it’s services. We may (a) suspend your rights to use Canfinder.com and/or it’s services (including your Canfinder Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of Canfinder.com or it’s services in violation of this Agreement. Upon termination of this Agreement, your Canfinder Account and right to access and use Canfinder.com and it’s services will terminate immediately. You understand that any termination of your Canfinder Account involves deletion of your User Content associated therewith from our website, services, and live databases. Canfinder will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Canfinder 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, 4–12.
11.COPYRIGHT POLICY: Canfinder respects the intellectual property of others and asks that users of our website and it’s services do the same. In connection with our website and it’s 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 website and it’s 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 website and it’s services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:>
- (a) your physical or electronic signature;
- (b) identification of the copyrighted work(s) that you claim to have been infringed;
- (c) identification of the material on our services that you claim is infringing and that you request us to remove;
- (d) sufficient information to permit us to locate such material;
- (e) your address, telephone number, and e-mail address;
- (f) 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
- (g) 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. Please not that, pursuant to 17 U.S.C. 512(f) , any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
12.ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE: Except for disputes brought in small claims court, all disputes between you and Canfinder arising out of, relating to or in connection with Canfinder.com or it’s services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND CANFINDER AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Canfinder makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Canfinder. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in King County, Washington. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of Washington without regard to conflict of law provisions.
12a. No Support or Maintenance: EachYou acknowledge and agree that Canfinder will have no obligation to provide you with any support or maintenance in connection with Canfinder.com or it’s services.
12c. Accessing and Downloading the Application from Apple: The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes Store® or the App Store (“App Store Sourced Mobile App”): - You acknowledge and agree that (i) this Agreement is concluded between you and Canfinder only, and not Apple, and (ii) that Canfinder, not Apple, is solely responsible for the App Store Sourced Mobile App and content thereof. The license granted to you in the Agreement to use the App Store Sourced Mobile App and Service is a non- transferable right to use the App Store Sourced Mobile App on any Apple Device that you own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Mobile App.
- In the event of any failure of the App Store Sourced Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price fortheAppStoreSourcedMobileApptoyou. Tothemaximumextentpermittedby applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As between Canfinder and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Canfinder.
- You and Canfinder acknowledge that, as between Canfinder and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Mobile App or your possession and use of the App Store Sourced Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Canfinder acknowledge that, in the event of any third-party claim that the App Store Sourced Mobile App or your possession and use of that App Store Sourced Mobile App infringes that third-party’s intellectual property rights, as between Canfinder and Apple, Canfinder, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
- You and Canfinder acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Mobile App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Mobile App against you as a third-party beneficiary thereof.
-You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.
12d. Miscellaneous: This Agreement constitutes the entire agreement between you and us regarding the use of Canfinder.com and it’s 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 Canfinder 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 Canfinder. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Canfinder’s prior written consent, and any - You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 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.