We reserve the right at any time to:
• Change the terms and conditions of this document and Software License Agreement;
• Change the Website, including eliminating or discontinuing any content and/or feature of the Website; or
• Change any fees or charges for use of the Website.
Any changes we make will be effective upon posting such changes on the Website. Your continued use of the Website after such posting will be deemed acceptance of such changes. Be sure to return to Website periodically to ensure familiarity with the most current version of the Terms. Upon our request, you agree to sign a non-electronic version of the Terms.
1. Content. The Website contains information, data and other content (collectively, "Content") about AnamiTech and our partners and the services and products offered by AnamiTech and our partners. Unless otherwise specified on the Website or in the Terms, you may review, download and use the Content solely for your internal business needs and may print a single copy of any textual Content available for downloading on the Website. You must retain all copyright and other proprietary notices on downloaded and copied Content. Any such downloads or copies are subject to the Terms. Further, the Content remains the property of AnamiTech and our partners. You may not download, copy or use any of the Content except as expressly authorized by the Terms and, in any event, you may not distribute, modify, transmit or publicly display the Content without the written consent of AnamiTech or our partners.
2. Services. AnamiTech makes available through the Website an online service for managing documents and enabling workflow between various government and business entities within the legalized cannabis business community (the "Service"). To access and use the Service you must register with AnamiTech and enter into a Software License Agreement. Only registered users who have entered into a Software License Agreement can access and use the Service. If you are not a registered user, you may not access or use the Service. Non-registered users are permitted to access and review any non-restricted areas of the Website. Attempting to access restricted areas of the Website without authorization is prohibited.
4. Username and Password. As part of the registration process, you will be asked to select a username and password, or we will select a username and password for you. Your username and password are solely for your use in accessing and using the Service. AnamiTech does not permit any person other than you to use your username or password to access the Service nor does AnamiTech permit a single username to be used by multiple users to access the Service. You agree not to share, transfer or resell your use of or access to the Service to any other person or entity. You are responsible for any use of the Service and the Website that is accessed through your username and password. If you believe an unauthorized use has occurred, you are required to notify AnamiTech immediately by sending an e-mail to firstname.lastname@example.org. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
5. License. Provided you have completed the registration process, indicated your consent to the Terms and entered into a Software License Agreement, AnamiTech grants to you a non-exclusive, non-transferable right to access and use the Website under the term and conditions of this document and the Software License Agreement. All rights not expressly granted to you in the Terms are reserved to AnamiTech and our partners.
6. Fees and Payment Terms. Your use of other services, including the Service, is subject to fees and other charges. In order to use the Service, you agree to pay AnamiTech fees as spelled out in the Software License Agreement, which may include a monthly or annual license fee, and other one-time fees. All fees you pay under the Terms and/or a Software License Agreement are not refundable. All fees and charges quoted exclude taxes. You are responsible for the payment and remittance of any applicable national, state and local taxes, value added or sales or use taxes, levies and assessments pertaining to all fees and charges assessed under the Terms (except taxes based upon AnamiTech's net income). If AnamiTech is required to collect any such taxes from you, you shall pay and remit such taxes to AnamiTech on demand. If you do not pay any amount to AnamiTech within 20 days of when such amount is due to AnamiTech, the unpaid amount shall bear interest at a rate of one percent (1.0%) per month from the due date.
7. Marketing Consent. By registering to this Website and providing your email address, you expressly agree to receive promotional content from AnamiTech, by mail or email, from time to time. However, you may opt out of receiving any, or all, of these communications from AnamiTech by following the unsubscribe link or instructions provided in any promotional email AnamiTech sends. If you provide AnamiTech with your phone number (at any stage of use of the Website or the Service), AnamiTech shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content /notices, you may notify AnamiTech at any time.
8. Customer Data. As part of the Service, you may post and upload data and information about your company and its operations ("Customer Data"). You are solely responsible for the accuracy, integrity, quality, reliability and right to use the Customer Data. You represent and warrant that you have sufficient rights to post and upload the Customer Data you provide in accordance with the Terms and that none of the Customer Data or its use as contemplated herein will: (i) violate any foreign, federal, state or local law or regulation; (ii) infringe any copyright, trademark or other proprietary right of any third party; (iii) violate or infringe upon any party's privacy right, right of publicity or any other right of any person or entity; or (iv) contain any material which is unlawful, hateful, obscene, libelous, threatening or defamatory. You hereby grant to AnamiTech a non-exclusive right to use the Customer Data to provide the Service to you, including the right to disclose the Customer Data to third party service providers and others in connection with the provision of the Service and any related services to you. You also authorize us and our licensors and third party service providers to disclose Customer Data in aggregate form without identifying you or your company or otherwise in a format that does not contain company identifiable information. You acknowledge that AnamiTech has no obligation to monitor the Customer Data, however, in the event that AnamiTech becomes aware that any Customer Data violates the warranties and representations set forth herein, AnamiTech may immediately remove or suspend access to such Customer Data pending resolution.
9. Source Data. As part of the Service, we may provide you access to information which has been aggregated from databases belonging to other AnamiTech partners ("Source Data"). This Source Data belongs to AnamiTech or our partners and title to and ownership of such Source Data shall remain with AnamiTech or the applicable partner. Neither AnamiTech nor our partners make any representations, warranties, guarantees or promises as to the accuracy or completeness of the Source Data. You may use the Source Data only as part of the Service. You acknowledge that the Source Data contains proprietary and confidential information, that only you are permitted to access the Source Data and that no ownership rights in the Source Data are granted under the Terms. You agree that you will not copy, reproduce, download, disclose or otherwise make available to any third party the Source Data. You further agree not to use the Source Data except as authorized by the Terms. You agree to take all commercially reasonable actions to protect the confidentiality of the Source Data, including, but not limited to all actions you take to protect your own confidential and proprietary information.
10. Reports. From time to time as part of the Service, AnamiTech may use, combine and analyze Customer Data and Source Data to facilitate transactions, develop reports for our customers, including you, and for other similar purposes. In no event will AnamiTech disclose any Customer Data that could be used to identify you without your consent.
11. Transactions. AnamiTech will have no responsibility, liability or obligation with respect to the consummation of any transaction that may arise as a result of your use of the Service. You are responsible, in your sole discretion, for determining and choosing which parties are authorized to do business with you. You will be fully and solely liable for any and all transactions that are processed as a result of your use of the Service or otherwise. In the event of any dispute between you and one of our partners, you will and hereby do release AnamiTech and our employees, affiliates and agents from all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute.
12. Third Party Sites. The Website contains links to other Internet web sites, including web sites which are not owned or operated by AnamiTech. Although AnamiTech makes these links available from the Website, it has no control over such sites. AnamiTech is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites. The fact that AnamiTech offers such links does not indicate any approval or endorsement of any material contained on any linked Website. AnamiTech provides these links to you only as a convenience.
13. Unauthorized Use. You warrant that you will use the Website only within the United States related to transactions and communications within the United States and in accordance with all applicable local, state, federal and international laws, including those related to data privacy, telecommunications and the transmission of technical or personal data. You warrant that you are not a "minor" as defined by applicable law in your jurisdiction of residence or the jurisdiction from which you are using the Website. You further warrant that you will not make any Unauthorized Use of the Service. "Unauthorized Use" means use of the Services (a) by a minor, (b) by any third party using your password, (c) by you for, or on behalf of, any other person or entity, or (d) in any way that is not permitted by the Terms or applicable laws and regulations. You will defend, indemnify, and hold AnamiTech harmless (as provided for in Section 21 of the Terms) from and against any and all claims, liability or expenses arising out of any Unauthorized Use.
14. Code of Conduct. While using the Website which includes, without limitation, the Content and the Service, you agree not to:
• Restrict or inhibit any other visitor or user from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
• Use the Website for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding or any other activity which creates unwanted communications;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
• Remove any copyright, trademark or other proprietary rights notices contained in the Website;
• "Frame" or "mirror" or otherwise distribute any part of the Website without our prior written authorization;
• Link to any page of or content on the Website;
• Use any robot, spider, Website search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its Content; or
• Harvest or collect information about Website visitors or users without their express consent.
15. While using the Website you agree to comply with all applicable laws, rules and regulations.
16. Claims of Copyright Infringement. AnamiTech has registered as an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "DMCA") (see http://www.loc.gov/copyright/ for details) and avails itself of the protections under the DMCA. The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by AnamiTech infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow AnamiTech to locate the material on the Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by AnamiTech against you, the DMCA permits you to send AnamiTech a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to: 9073 Pulsar Court, Corona, CA 92883; email@example.com; (951) - 277 – 2524. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
17. Ownership and Restrictions on Use. The Website is owned and operated by AnamiTech in conjunction with others pursuant to contractual arrangements. The Website, including the Service and the Content (and any intellectual property and other rights relating thereto) are and will remain the property of AnamiTech and our partners, licensors and suppliers. The Website and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except to the limited extent permitted herein, you may not copy, reproduce, republish, upload, post, transmit or distribute the Content or other content or information available on or through the Website in any way without our prior written permission. The Content may be used solely to the extent necessary for your authorized use of the Website, as provided in the Terms, your Software License Agreement or as expressly authorized in writing by AnamiTech or, if so indicated in writing by AnamiTech, our licensors or suppliers. Modification of the Content or use of the Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website, the Service or the Content.
The trademarks, logos, and service marks displayed on the Website (collectively the "Trademarks") are the registered and unregistered trademarks of AnamiTech and our partners, licensors and suppliers. Nothing contained on the Website should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of AnamiTech or the third party owner of such Trademark. Misuse of any Trademarks is prohibited and AnamiTech will aggressively enforce our intellectual property rights in the Trademarks, including via civil and criminal proceedings.
18. Jurisdictional Issues. The Website is solely directed to individuals residing in the United States. We make no representation that the Content available on or through the Website or the Service are appropriate or available for use in locations outside of the United States. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Website or the provision of the Service to any person, geographic area or jurisdiction, at any time and in our sole discretion.
19. Termination. The Terms will remain in effect until terminated in accordance with the terms and conditions duly expressed in this document and the Software License Agreement. Either party may terminate the Terms upon thirty (30) days written notice to the other. In addition, if you are registered to use the Service, we reserve the right to immediately terminate the Terms, and your access to and use of the Website and the Service or any portion thereof upon our notice to you, if you violate the Terms. Upon termination of the Terms by either party, your right to use the Website and the Service will immediately cease and you agree to destroy all Content, including any Source Data obtained from the Website and all copies thereof, whether made under the Terms or otherwise. If the Terms is terminated (other than by reason of your breach), AnamiTech, upon your written request, will make available to you within thirty (30) days of the date of termination a file of your Customer Data, estimates generated using the Service and other operations processed by you through the Service. AnamiTech will have no obligation to retain such information and may delete such information at any time, thirty (30) days after termination. If we terminate the Terms due to your breach, your right to access or use such information will immediately terminate and AnamiTech will have no obligation to maintain or forward any such information to you.
20. Disclaimers. THE WEBSITE, THE CONTENT, INCLUDING SOURCE DATA AND ANY PRODUCT OR SERVICE OBTAINED BY YOU THROUGH THE WEBSITE, INCLUDING THE SERVICE, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANAMITECH AND OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
In certain jurisdictions, applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
ANAMITECH AND OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, CABLE, INTERNET, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, THE CONTENT AND THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ANAMITECH OR OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, USERS OR VISITORS, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE, INCLUDING ANY CONTENT PROVIDED THROUGH THE WEBSITE, IS ENTIRELY AT YOUR OWN RISK.
21. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANAMITECH OR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE PERFORMANCE OR NON-PERFORMANCE BY ANAMITECH UNDER THE TERMS, EVEN IF ANAMITECH HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM LIABILITY OF ANAMITECH FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO ACCESS THE WEBSITE OR TO USE THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CLAIM ARISING.
The applicable law in certain jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
The applicable law in certain jurisdictions may not allow the exclusion of incidental, consequential OR OTHER TYPES OF damages OR THE LIMITATION OF LIABILITY TO SPECIFIED AMOUNTS, so the above limitation or exclusion may not apply to you.
22. Indemnification. You agree to indemnify, defend and hold AnamiTech, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of the Terms, including any violation of the Code of Conduct above; (b) any allegation that the materials you submit to us or transmit to the Website including Customer Data infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; or (c) any of your other activities in connection with the Website.
23. Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
24. Binding Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. Before you take a dispute to arbitration, you must first contact AnamiTech by e-mail at firstname.lastname@example.org or call 951-204-9580 and give AnamiTech an opportunity to resolve the dispute through discussions with you. Similarly, before AnamiTech takes a dispute to arbitration, AnamiTech must first attempt to resolve it through discussions with you by seeking to contact you at the most recent address that AnamiTech has on file for you. In the event that you and AnamiTech cannot resolve a dispute within sixty (60) days of notification by either party, or in the event that AnamiTech is unable to reach you, you don’t respond to AnamiTech’s efforts to contact you or you fail to engage in good-faith settlement discussions with AnamiTech, then the following procedures shall apply. All disputes arising under or relating to the Terms shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by the Terms. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the State of California. The arbitrator’s decision shall be based upon the substantive laws of the State of California without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and the arbitrator’s decision shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding any of the foregoing, nothing herein shall preclude AnamiTech from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
The Terms and Software License Agreement constitute the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous agreements and communications, whether oral or written, between the parties relating to the subject matter hereof.
The Terms will be governed by the laws of the State of California, without reference to its conflicts of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
You agree to comply with all relevant export laws and regulations of the United States to ensure that no software, information or technical data provided pursuant to the Terms is exported or re-exported directly or indirectly in violation of law.
You may not assign or otherwise transfer the Terms, or any right or obligation set forth in the Terms without AnamiTech's prior written consent. Any purported assignment in violation of the preceding will be void and of no effect. AnamiTech may assign the Terms to another party at any time upon written notice to you. Subject to the foregoing, the Terms will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.
If a provision of the Terms is held to be invalid or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from the Terms if no such modification is possible and the remaining terms will remain in full force and effect.
No failure or delay by a party in exercising any right, power or remedy will operate as a waiver of such right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. If either party waives any right, power or remedy, such waiver will not waive any successive or other right, power or remedy the party may have under the Terms.