For Your Information. The information on the Site is for informational purposes only. 2193 Fillmore, LLC, a California limited liability company, doing business as “Canopy” (“Canopy”) is not responsible for any errors or omissions on the Site, including any materials found on the Site.
As between you and Canopy, Canopy owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts, documentation, and other material on, or made available through, the Site, as well as the selection, coordination, arrangement, and organization and enhancement of the materials found here. Under no circumstances will you have any rights of any kind to the Site, other than the right to use the Site in accordance with these Terms.
You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Canopy; (c) transmitting unsolicited messages or code of a destructive nature; or (d) engaging in any activity that interferes with the performance of, or impairs the functionality of, the Site or any services provided through the Site.
Third Party Sites and Content. The Site contains links to other websites, to information, products, or services that may be of interest. Canopy expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by, or displayed on, third party sites, or the transactions you may conduct or enter into with third parties. Your use of third party websites is at your own risk, and subject to the terms and conditions of such other websites. Canopy does not endorse any product or service provided on a third party website.
Canopy, its subsidiaries, and affiliates are not responsible for, and do not guarantee, the accuracy or completeness of the Site or links or other items contained within the Site. Canopy reserves the right to immediately remove any material for any reason or for no reason. Canopy cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to, or remove any, material, the Site or the products or services made available in connection with the Site, with or without notice in its sole discretion.
The Site and materials on, in, and made available through the site, and the services, products, information and other materials on and in and made available through the Site are made available “as is.” Use of the site is entirely at your own risk. Canopy and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the site, the services, products, information and other materials on, in, and made available through the site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
Liability. Canopy and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site materials, user materials, the services, products, information and other materials on, in, and made available through the Site, regardless of legal theory, whether or not you or Canopy had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail in their essential purpose. Under no circumstances will the total liability of Canopy and its affiliates, subsidiaries, or its licensors to you or any other person or entity in connection with the Site, or materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. Some states to not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of Canopy and its affiliates, subsidiaries or its licensors shall not exceed ten dollars ($10.00-USD). If you are dissatisfied with the Site, or with any of these Terms, or feel Canopy has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
Reporting Violations. If you believe that any content or postings on the Site violates your intellectual property or other rights, please send [email protected] a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Changes to these Terms. Canopy reserves the right at any time to modify, alter or update these Terms. Canopy will provide notice to you of any material changes to these Terms at the email address you provide to Canopy. It is your obligation to provide Canopy with notice of any change to your email address by sending Canopy notice immediately to [email protected]. Your use of the Site following any changes means that you agree to follow and be bound by the Terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. Canopy reserves the right to suspend or terminate your access to the Site and/or ability to use the services, with or without notice, for failure to comply with these Terms, for providing Canopy with untrue or inaccurate information about yourself, for infringement on the proprietary rights of Canopy, or for any other reason whatsoever, or for no reason.
Arbitration. Any dispute arising out of or related to these Terms, including any question regarding its existence, validity, or termination, as well as any challenge to the tribunal’s jurisdiction, shall be finally settled in accordance with the arbitration rules of JAMS then in force. The arbitration shall take place in San Francisco, California. Each of the parties shall appoint one arbitrator and the two so nominated shall, in turn, choose a third arbitrator. If the arbitrators chosen by the parties cannot agree on the choice of the third arbitrator within a period of thirty (30) days after their nomination, then the third arbitrator shall be appointed by JAMS according to its rules. By accessing, viewing and using the Site, you consent and agree to (i) the law of the State of California, excluding that body of law known as conflicts of laws, shall be the applicable substantive law, and (ii) the applicable procedural law shall be the law of the place of arbitration. The parties agree that they will, before the hearing of any dispute, make discovery and disclosure of all materials relevant to the subject matter of such dispute. The arbitrators will decide in accordance with the terms of these Terms. The award of the arbitrators will be final and binding upon the parties. Judgment upon the award may be entered in any court having jurisdiction. An application may be made to any such court for judicial acceptance of the award and an order of enforcement.