Atlas Growers Website Terms and Use



Acceptance of Terms of Use.

These Terms of Use (“Terms” or “Agreement”) are an agreement between Atlas Growers, (“Us”, “We”, “Our”,  the “Company”), the owner and operator of https://atlas-growers.myshopify.com/ (the “Website”) and you (“you” or “You”), a user of the Website. By using the Website, you acknowledge and agree to be bound to these terms and the Privacy Policy (“Policy”), which can be found at https://atlas-growers.myshopify.com/pages/privacy-policy. If you choose to not agree with any of these terms, or are not authorized to agree to and accept terms on behalf of the person you purport to represent, you may not use the Website. You use the content, information, and services on this website at your own risk.


As these Terms of Use constitute a binding agreement, by reading further and accessing the Website, you agree that the Website may only be used by people who can form legally binding contracts under applicable law. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. If you are not of age to form a contract, cease your use of the Website immediately.


Scope of Agreement.


This agreement governs your use of the Website and is the entire agreement between you and the Company. This agreement supersedes all previous agreements with respect to use of the Website. If there is any inconsistency or conflict between the provisions of this agreement and any other agreements with the Company, the provisions of this agreement will govern regarding access to the Website, and other agreements will govern regarding all other matters.

Changes to Terms of Service

The Company reserves the right, in its sole discretion, to changes these Terms (“Updated Terms”) from time to time. The Company may update these terms at any time with or without effective notice to you. Each time you access the Website, you agree to be bound by the terms in effect. You must review this agreement on a regular basis to keep yourself informed of any changes. If you no longer agree to these terms, please do not use the Website. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms (“Effective Date”), and will apply to your use of the Website from that point forward.

Use of Website

License


During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Website for your personal and non-commercial use in accordance with the Terms. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

You agree, as a condition of your use of the Website and/or the Company’s services, that the Company and any of its affiliates may use any contact information you provide to contact you regarding promotion of the services offered by such affiliates. Messages from the Company will always clearly denote the services being promoted in such message. You may unsubscribe from messages from the Company at any time.


Purchases


If you wish to purchase any product or service made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.


You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.


By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.


We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.


We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.


Availability, Errors and Inaccuracies


In order to provide exceptional service, and accuracy, we regularly update the products and services on the Website.


We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.


Despite our best efforts, the products or services available on our Website may have an error regarding the price, be inaccurately described, or be unavailable.


We may experience delays in updating information on the Website and in our advertising on other websites. We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.

Intellectual Property Rights


The design, trademarks, service marks and logos of the Website (“Marks”) are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the laws of Canada, foreign laws and international conventions. You agree not to engage in the use, copying or distribution of any of the Marks other than when expressly permitted.

User Conduct

You may not engage in any of the following prohibited activities:

  • Copying, distributing or disclosing any part of the Website or framing, mirroring, scraping or data mining of the Website or any of its content in any form and by any means is strictly prohibited;
  • Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Website;
  • Transmitting spam, chain letters or unsolicited emails;
  • Attempting to interfere with, compromise system integrity or security, or decipher any transmissions to or from the servers running the Website;
  • Taking any action that imposes an unreasonable or disproportionately large load on site infrastructure, such as a DDoS attack;
  • Uploading invalid data, viruses, worms, or other software agents through the Website;
  • Collecting or harvesting any personally identifiable information, or information stored through Cookies, from the Website;
  • Using the Website for any commercial solicitation purposes;
  • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity;
  • Interfering with the proper working of the Website;
  • Accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or
  • Bypassing measures used to prevent or restrict access to the Website, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Website’s content.

No Registration Needed

Registration is not required to access the Website. However, we do require that to access the Website, you confirm that you are of the legal age to purchase and consume cannabis products in your province.


The Website does contain a section where you can, at your option, provide your email in order to receive communications from the Company. You may choose to provide your email, or not, at your sole discretion, and your refusal to do so will not affect your ability to access the Website. Refer to our Privacy Policy at https://atlas-growers.myshopify.com/pages/privacy-policy for a description of how we handle information that you submit to us in this way.


If you choose to provide us with an email address to receive communications from us, you are responsible for the currency, completeness, and accuracy of that information. The Company is not liable for any failure by you to provide us with a current email address.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.


You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party service.


You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.


Products or Services


Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.


We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Website will be corrected.


Security


The Company cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any other personal information you provide for improper purposes. You acknowledge that you provide personal information at your own risk.



Privacy


The Company’s Privacy Policy governs your personal information. The Privacy Policy can be found at https://atlas-growers.myshopify.com/pages/privacy-policy. For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Website you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to Canada and/or other countries for storage, processing, and use by the Company.


Limitations on Access


You acknowledge the Company may establish limits concerning access to the Website at any time.

Links


The Website may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Third-Party Content


Through the Website, you may have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third party content.

Copyright Policy


The Company respects the intellectual property rights of others and expects users of the Service to do the same. All property rights are protected under the Copyright Act.

Termination


Either party may terminate this agreement at any time by notifying the other party.

The Company may terminate or suspend your access to or ability to use the Website immediately without prior notice or liability. Termination of your access to and use of the Website will not relieve you of any obligations arising or accruing prior to termination, or limit any liability that you otherwise may have to the Company or any third party. Upon termination of your access to or ability to use the Website, your right to access the Website will cease immediately.

Survivability


This agreement's provisions that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.


Entire Agreement


These Terms and any policies or operating rules posted by us on this site or in respect to our services constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).



In interpreting these terms, any ambiguities shall not be interpreted against the drafting party.

Disclaimers


The Website is provided on an “as is” basis without any warranties of any kind. To the fullest extent permissible under applicable law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

Limitation of Liability


To the fullest extent permitted by applicable law, in no event will the Company be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Website. Such damages also include, without limitation, any damages caused by or resulting from reliance by you on any information obtained from Website, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.

Indemnification


You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including legal fees and costs) and all amounts paid in settlement arising from or relating to use of the Website. The Company may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Company and you agree to assist and cooperate with the Company in the defense or settlement of any such matters.

Governing Law


This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of the province of Ontario and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any dispute between you and the Company or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively “Disputes”) will be resolved by an arbitrator.

Dispute Resolution

For any dispute you have with the Company, you agree first to contact the Company and attempt to resolve the dispute informally. If this is not possible, the claim must be resolved through arbitration.

  • The award rendered by the arbitrator will include costs of arbitration, reasonable legal fees and reasonable costs for experts and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Nothing in this section prevents either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
  • All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the parties agree otherwise, the arbitrator may not consolidate more than one person's claims.
  • You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.

Violation of Terms

The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.

Other Matters

If any other provision of this agreement is held to be invalid or unenforceable for any reason, that provision is deemed to be severed from this agreement and the remaining provisions will continue in full force and effect, unless as a result of any such severance this agreement would fail in its essential purpose. Any rights not expressly granted by this agreement are reserved to the Company. The headings used in these terms are for convenience only and will not limit or otherwise affect these terms.

Feedback

We welcome any comments, suggestions, or concerns that you have. Please get in touch with us through email at info@atlasgrowers.com.