Terms and Conditions
Please Read These Terms and Conditions
carefully before using this website (the “Site”). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content, information, products and/or services provided to you on or through the Site. By accessing and using the Site, you are consenting to these Terms and Conditions in their entirety in addition to any other policies listed or referenced herein, and any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety, please refrain from using the Site.
Security and Use of Password
You create a username and password to access and use certain portions of this Site, including ordering portions. Do not share this information with anyone. You are responsible for all access to the use of this site by anyone using your username and password, whether or not such access to to and use of the site is actually authorized by you (including financial obligations). You are responsible for protecting the security and confidentiality of your username and password. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Products, Content and Specifications
We do our best to ensure that information on this Site is complete, accurate and current; however, despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Site. For example, products included on this Site may be unavailable, or may have different attributes than those listed on this Site. Also, we make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Ownership of Content
The Site is owned and operated by CannaPro Performance, LLC, its parent organization, and affiliates (collectively, “CannaPro Performance”). All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and video (“Content”), is owned by CannaPro Performance, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with CannaPro Performance, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of CannaPro Performance or its licensors unless otherwise agreed.
The copyright in all Content is and remains owned by CannaPro Performance. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the written consent of CannaPro Performance. For purposes of these Terms and Conditions, the use of any such material on any other website or networked computer environment is prohibited. You shall not remove any copyright, trademark or other proprietary notices from any material or other content on the Site. In the event you download images (including but not limited to pictures, icons, videos and wallpapers) from the Site, the images, including any files, images incorporated in, and data accompanying the images are licensed by CannaPro Performance. CannaPro Performance does not transfer title to the images to you. CannaPro Performance retains full and complete title to the images, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the images.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that your copyrighted material has been infringed:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- Description of the copyrighted work that you claim has been infringed upon
- Description of where the material that you claim is infringing is located on the Site
- Your address, telephone number, and e-mail address
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Email the notice of copyright claims on this Website to [email protected].
All trademarks, service marks and trade names of CannaPro Performance used herein (including but not limited to: the word mark “CannaPro Performance”, the CannaPro Performance logo, and any other marks identified or owned by CannaPro Performance) are trademarks or registered trademarks of CannaPro Performance or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify CannaPro Performance trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without CannaPro Performance’s prior written consent. The use of CannaPro Performance trademarks, is prohibited without the express written consent of CannaPro Performance.
Disclaimer of Warranties
Cannapro Performance Does Not Represent or Warrant That the Information and/or Facilities Contained in the Site Are Accurate, Complete or Current, or That the Site Will Be Uninterrupted or Error Free, or That Any Defects in the Site Will Be Corrected or That the Site or the Server That Makes the Site Available Are Free of Viruses or Any Other Harmful Components. Cannapro Performance Does Not Make Any Warrantees or Representations Regarding the Use of the Materials in the Site in Terms of Their Correctness, Accuracy, Adequacy, Usefulness, Cannapro Performances, Reliability or Otherwise, in Each Case to the Fullest Extent Permitted by Applicable Law. Cannapro Performance Reserves the Right to Suspend or Withdraw the Whole or Any Part of the Site at Any Time Without Notice Without Incurring Any Liability. The Site and the Content Are Provided ‘as is’ and Without Any Warranties of Any Kind, Whether Express or Implied.
Limitation of Liability
Your Use of the Site is at Your Own Risk. Neither Cannapro Performance Nor Any of Its Affiliates, Officers, Directors Nor Any of Its Agents or Any Other Party Involved in Creating, Producing or Delivering the Site Will Be Liable for Any Direct, Indirect, Special, or Other Damages That Result From the Use of, or the Inability to Use, the Materials on the Site, Including Damages Caused by Viruses or Any Incorrectness or Incompleteness of the Information on the Site, or the Performance of the Products, Even if Cannapro Performance Has Been Advised of the Possibility of Any Such Damages.
You agree to defend, indemnify and hold CannaPro Performance and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Site or the Internet, or your purchases or the placement or transmission of any message or information on this Site by you or your authorized users, or your violation of any law or the rights of a third party.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Site in the event that (i) you breach these Terms and Conditions; we are unable to verify or authenticate any information you provide to us; or we believe that your actions may cause financial loss or legal liability for you, our users or us. You agree that CannaPro Performance will not be liable to you or to any third-party for such suspension or termination.
Links to Third Parties
Misuse of the Site
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass any measures we may use to prevent or restrict access to the Site. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials or content from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Health Information/fda Disclosure
Products should be used only as directed on the label and should not be used if you are pregnant or nursing. Consult with a physician before use if you have a serious medical condition or use prescription medications. Always seek the advice of your health provider before taking any medication or nutritional, herbal, or homeopathic supplement and with any questions you may have regarding a medical condition. Do not ignore professional medical advice or postpone seeking it because of something you have read on the Site. If you think you have a medical emergency, call your health provider or 911 immediately. Information provided on the Site and any Product purchased from our Site by you does not create a doctor-patient relationship between you and any of the health professionals related to our Site. Any statements on this Site or any materials or products we distribute, or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the Site have been approved or endorsed by the FDA. The products sold on the Site are not intended to treat, cure or prevent any disease. The information on this Site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. Any information provided on this Site should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. You should consult your physician before using any of our products.
How to Contact Us
If you have any questions or comments about the Site or any of our services, please contact us at [email protected] Performance.com.
Changes to the Terms
Applicable Law and Jurisdiction
Any issues involving this site shall be governed by the laws of the State of Arizona and anybody using this Site agrees that any lawsuit shall be litigated in state or federal court in Arizona. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.