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Terms & Conditions

Terms of Use

Effective: October 3rd, 2019

Thank you for visiting http://www.Clade9.com (“Website”), which is operated by Clade9 Holdings, LLC and our parent company Cannagen, LLC (the “Company”, “our”, “we”, or “us”). We are excited that you took the time to find out more about us including who were are as a company and who we want to be and are thankful for the chance to learn more about you as well and potentially partner together.

Please read this Privacy Policy and our Terms of Use carefully to understand our policies and practices regarding your information and how we will treat it and about your use of our Website. The Privacy Policy and Terms and Conditions constitute a binding contract between you and us (“Agreement”). If you do not agree with our policies and practices, your recourse is to not to use our Website, including not providing any information to us through it. By accessing or using our Website, you agree to the terms of and to be bound by the Agreement. This Privacy Policy may change from time to time. Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the Terms of Use when you use the Website.

Eligibility

As you probably already noted by our initial 21-and-older wall, you must be 21 or older to access our Website. Our Website is not intended for children under 21 years of age.

To use our Website you must not be based in Cuba, Iran, North Korea, Syria, or any other 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 not be listed on any U.S. government list of prohibited or restricted persons.

General Conditions

We reserve the right to refuse access to the Website to anyone for any reason at any time.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

Third-Party Links

Certain content available via our Website may include materials from third-parties. In addition, third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Inaccuracies and Omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to our services, brand or company in general.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Website at any time without prior notice.

We undertake no obligation to update, amend or clarify information on the Website except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use you are prohibited from using the Website or its contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; (l) to violate the Fight Online Sex Trafficking Act of 2018 or similar legislation or promote or facilitate prostitution and/or sex trafficking; (m) infringe on the intellectual property rights of another user or any other person or entity; (n) to violate the privacy or publicity rights of another user or any other person or entity or breach and duty of confidentiality that you owe to another user or any other person or entity; (o) to promote, encourage, or engage in any spam or other unsolicited bulk email, or computer or network hacking or cracking; or (p) any other illegal, nefarious, or inappropriate purpose as determined in our sole and exclusive discretion. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

Notwithstanding anything to the contrary in these Terms of Use, all processing of data by or on behalf of us shall be provided solely from within, and on computers, systems, networks, and other infrastructure located in, the United States.

Intellectual Property Rights

Except as otherwise expressly provided in these Terms of Use, we have and will retain sole control over the operation, provision, maintenance, and management of the Website; (2) the Website may contain content and features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Services Content, in whole or in part. In connection with your use of the Website you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Website (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website or distributed in connection therewith are the property of us (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.

You agree that from time to time we may remove the Website for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and services delivered to you through the Website (except as expressly stated by us) provided “as is” or “as available” for purposes of applicable law, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website, or for any other claim related in any way to your use of the Website including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to release, indemnify and hold us and our affiliates and their officers, employees, directors and agent (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, your connection to the Website, your violation of these Terms of Use and/or Privacy or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Copyright and Trademark Notices

All contents of the Website, including mobile applications, are Copyright 2019. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole and exclusive discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).

Force Majeure

In no event will we be liable or responsible to you or be deemed to have defaulted in any of our obligations under these Terms of Use for any failure or delay in fulfilling or performing any term of these Terms of Service, when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of these Terms of Use, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.

Your Privacy

Your privacy is important to us, and, for more information about your privacy rights, please review our Privacy Policy, which is incorporated in to these Terms and Service and makes up your Agreement with us.

Governing Law

These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of New York.  You irrevocably and unconditionally waive any right you may have to a trial by jury in respect of any legal action arising out of or relating to these Terms of Use or Privacy Policy or the transactions contemplated hereby.

Changes to Terms of Service

You can review the most current version of the Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Contact Information

To ask questions or comment about these Terms of Use contact us at info@clade9.com.

Disclaimer

All content and media on the Website are created and published online for informational purposes only. They are not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice.

Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of something you have read on this Website. If you choose to rely on any information provided by via the Website or our Services, you do so solely at your own risk.

© 2019 Clade9. All rights reserved.

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