TERMS OF SERVICE
NuCannaCo Systems, Inc. (hereinafter “Company”), owner of this website, establishes henceforth that these Terms of Service (hereinafter the “Terms”) shall cover the domain of NuOxyCo.com and any affiliated website (hereinafter the “Site”, or collectively the “Sites”). These Terms shall complement other governing agreements and documents established by the Company.
Customers, visitors, or users (individually or collectively hereinafter “User”) shall mean any person or persons using this Site for any purpose whatsoever.
IMPORTANT NOTICE! THESE TERMS SHALL GOVERN YOUR USE OF THIS SITE, AS PRODUCED AND PROVIDED BY THE COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE GOVERNING TERMS. THESE TERMS MAY BE SUBJECT TO CHANGE AT ANY TIME IN THE DISCRETION OF THE COMPANY. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE INCLUDED CHANGES. PLEASE FREQUENTLY CONSULT THESE POLICIES FOR UPDATES.
ALL USERS OF THIS SITE MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO ACCESS THIS WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THIS WEBSITE IS SUBJECT TO THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 (COPPA).
To access this Site and its resources, you may be required to provide specific registration details or other pertinent information. It is a condition of your use of this Site that all the information you provide to the Company to be complete correct, and current. If the Company believes the information you provide is not complete, correct, and current, the Company retains the right to refuse you, the User, access to this Site and/or any of its resources, and to terminate or suspend your access at any time, without notice.
Section 1: Restrictions on Use of this Site
Users may access and use this Site for purposes expressly permitted by the Company. Users may not use this Site for any other purpose, including but not limited to commercial purposes, without prior written consent from the Company. In the absence of said written consent, Users may not (and may not authorize other parties to):
Co-brand1 this Site
Frame this Site
Hyperlink to this Site
1For purposes of these Terms, “co-branding” shall be defined to include the displaying of the Company’s name, image(s), logo, trademark, or any other means
of identifying any property of the Company in such a manner so as to give a false impression that such other party has the right to display, publish, and/or distribute said Company properties, including but not limited to this Site or content accessible within this Site.
Section 2: Proprietary Information; Intellectual Property Rights
All content and material (hereinafter “Content”) that is accessible from this Site, or any affiliated Sites, is proprietary information owned by the Company. Content provided to the Company by a third-party shall be done under contract with the Company retaining all right, title, and interest in the Content. Content may not be copied, distributed, posted, uploaded, or transmitted in any way without the prior written consent of the Company. Users may print a copy of the Content solely for personal use only. Users may not remove or alter, or cause to be removed or altered, any copyright, service mark, trademark, trade name, or any other proprietary information, notice, or legend appearing on or in any of the Content. Any
use or modification of the Content, except as expressly provided in these Terms, violates the Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to the User by access to this Site.
Section 3: Hyperlinks; Third-Party Websites
This Site may contain hyperlinks to other websites that are not maintained by, or related to, the Company. Such hyperlinks are provided as a service to Users and are not sponsored by or affiliated with this Site or the Company. The Company shall not be responsible for the content of said hyperlinked websites. Access to hyperlinks shall be at the User’s own risk. The Company makes no representations or warranties about the content, accuracy, validity, and/or safety of said hyperlinks or the websites hyperlinked. The inclusion of any third-party website hyperlink does not necessarily imply an endorsement of the website by the Company.
Section 4: Submissions
Section 5: Disclaimers
The Company does not guarantee or warrant that files downloaded from the Internet will be free of malware, viruses, worms, Trojan horses, or other malicious coding that may contaminate or destroy properties. You, the User, are responsible for implementing sufficient protections, procedures for backup and restoration of lost data, and systems deployed necessary to meet your specific requirements for the safety and continued use of your Internet- accessible device. The Company does not, at any time, assume any responsibility or risk for your use of the Internet.
The Content of this Site is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by the Company. Content from this Site should be used in the same manner as any other educational medium. All interested parties should not rely on the Content of this Site to the exclusion of their own personal and/or professional judgment.
YOU, THE USER, USE THIS SITE AT YOUR OWN RISK. All Content provided in the Site is considered “as is” and without warranties of any kind, either expressed or implied. The Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. The Company does not warrant that the functions or Content contained within this Site will be uninterrupted or error- free, that defects will be corrected, or that this Site (or the server) is free of viruses or other harmful components. The Company does not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. Content may include technical inaccuracies or typographical errors. The Company may make changes or improvements at any time. You, the User, assume all costs for servicing, repairing, or correcting your own device(s) and/or programs in the event of any loss or damage resulting from the use of this Site or its Content. The Company makes no warranties that your use of the Content will not infringe the rights of others. The Company assumes no liability or responsibility for errors or omissions in such Content.
All information and/or Content in the Site, whether historical in nature or forward-looking, relates only as of the date said information and/or Content is posted to the Site. The Company does not undertake any obligation to update such information and/or Content after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.
Section 6: Limitation on Liability
THE COMPANY, INCLUDING BUT NOT LIMITED TO, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, CONTENT PROVIDERS, CONSULTANTS, LICENSORS, SERVICE PROVIDERS, AND SUBSIDIARIES WILL NOT BE LIABLE FOR ANY INCIDENTAL,
DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, CONTENT PROVIDERS, CONSULTANTS, LICENSORS, SERVICE PROVIDERS, AND/OR SUBSIDIARIES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100.00) OR THE AMOUNT YOU, THE USER, PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE, FROM WHICH THE LIABILITY ORIGINATED.
Section 7: Indemnity
You, the User, agree to indemnify and hold the Company, its agents, employees, officers, directors, affiliates, content providers, licensors, service providers, and subsidiaries (hereinafter “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of Content other than as expressly authorized by these Terms. You, the User, agree that the Indemnified Parties shall bear no liability for any such breach or unauthorized use. You, the User, further agree to
indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You, the User, shall also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third-parties arising out of your use of the information and/or Content accessed from this Site.
Section 8: Trademarks, Service Marks, and Copyrights
All trademarks, service marks, copyrights, logos, and the like within this Site are the exclusive property of the Company or the third-party that provided the marks or logos to the Company. The Company, and any third-party that provided the marks or logos to the Company, shall retain all rights with respect to any of their specific trademarks, service marks, copyrights, and/or logos appearing in this Site.
Section 9: Prohibited Activity
You, the User, may not post, publish, send, submit, or transmit in association to this Site any material or content that:
violates any law or may be considered to be in violation of any law; and
advocates illegal or immoral activity; and
declares an intent to commit an illegal or immoral act; and
does not pertain directly to this Site; and
you do not have the right to post, including proprietary material(s) belonging to others; and
infringes any intellectual property right, including copyrights, trademarks, or other protected right of any entity or person; and
is considered, in the sole discretion of the Company, to be indecent, obscene, pornographic, or vulgar; and
is considered by the Company, in its sole discretion, to be abusive or threatening to others in any way; libelous or defamatory to others; invades the privacy of others; to be harassing, offensive, or racist; and
seeks to harm and/or exploit children in any way; and
solicits monies, favors, and/or the like; and
disrupts the normal flow of business, as determined by the Company; and
misrepresents your true identity; and
manipulates headers or other identifiers, disguise the origin of the content, or engage in commercial activity except as specifically authorized by the Company; and
includes malicious coding; and
contains hyperlinks to other websites; and
disregards any governing policy or regulation as set forth by the Company.
Section 10: Compliance
The Company reserves the right to monitor the use of this Site at any time and for any reason. The Company may determine compliance issues with these Terms, as well as remove or reject any information or User-provided content for any reason and without need for reply. Notwithstanding these rights, you, the User, remain solely responsible for the content of your submitted material. You, the User, acknowledge and agree that the Company nor any third-party providing Content to the Company will assume or maintain any liability for any action, or inaction, by the Company or such third-party with respect to any User-submitted material.
Section 11: Security
The Company reserves all rights to investigate suspected violations of these Terms.
Passwords used for access to this Site are for individual use only and cannot be shared with others. You, the User, are responsible for the safety and security of your password. At any time, the Company may monitor your password and, at its discretion, require you to change it. Users utilizing a password that the Company considers, in its sole discretion, to be weak, insecure, or vulgar shall be changed upon notice by the Company to the User. Failure to change the password may incur the termination of the User’s account with the Company.
The use of any service, program, or facility capable of compromising the security of the Company’s Site and systems is strictly prohibited. Users conducting, directly or indirectly, any such prohibited activity will have their access and account to the Company’s Site terminated. In such instances, the Company reserves the right to release information pertinent to the security infraction to other system administrators in order to assist the Internet community in being proactive against such intrusive and illegal incidents.
The Company reserves the right to cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone conducting the more serious violations of these Terms.
BY ACCEPTING THESE TERMS, YOU AGREE TO YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THE COMPANY AND/OR LAW ENFORCEMENT AUTHORITIES.
Section 12: Jurisdiction
These Terms shall be governed and interpreted pursuant to the laws of the state of Texas, United States of America, notwithstanding any principles of conflicts of law. You, the User, specifically consent to personal jurisdiction in Texas in relation to any dispute between you and the Company arising out of these Terms or pertaining to the subject matter hereof. All parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms shall be in the state and/or federal courts in Texas.
Section 13: Enforceability
If any part of these Terms is formally found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. The Company may revise these Terms at any time, in its sole discretion, by updating this posting.
Last date of revision: April 1, 2017