This document consists of an Executive Summary of use of Personal Information, an Introduction, and the Contents of this document with Section Headings. A Table of Contents listed by Section Headings is included for your reference at the end of this document.
Executive Summary of use of Personal Information
Following is a descriptive summary for our collection and use of your Personal Information. Our commitment is to comply with all laws for protecting your privacy. Here is the executive summary as contained in this document, for our dealing with your Personal Information.
We obtain your consent to collect personal information, by you entering the website, you are acknowledging acceptance of and agreement with the terms set out in this document.We may collect information about you in writing, electronically or verbally.We ask you for only the information that we need.We will protect your personal information and we are responsible for the security of your personal information that we have.You have a right to access your personal information that we have on file, to have anything corrected or removed, or to file a complaint about our handling of your information.We will not sell your personal information, or share it except with permission or with legal authority.We need and use the information: to identify you, to understand your needs, determine suitability of our products, to determine your eligibility, to meet legal or contractual requirements.We will limit how long we keep your information.Access to your personal information is restricted to those of our employees and authorized third-party service providers who need it to do their jobs.We will protect and secure information provided to us by you, in accordance with the terms and provisions and limitations in this document.We will share information about you if required by law, or otherwise only in accordance with the terms and provisions and limitations in this document and with your consent.By clicking on your acknowledgment and entering this website, you acknowledge that withdrawal of consent by you, or a request for removal of your data, or a request to ‘be forgotten’, as may be made by you to JWC, may not ensure that any or all of such information so shared by you will be able to be retrieved from other parties for cancellation or deletion by JWC. Certain Personal Information provided by you is required to be shared and retained for certain legal compliance requirements, and that JWC will not be legally able in certain circumstances to delete or remove all Personal Information provided to it by you. You agree that you are responsible to review this document from time to time, to be aware of changes as they are made. We recommend that you do so each time you enter the JWC Network. We do not post notice of changes as they are made from time to time.
Welcome to wagnersweed.com, owned and produced by Trichome JWC Acquisition Corp. (doing business as “JWC”) and its affiliate corporations, successors, and assigns (sometimes referred to in this document as "JWC"). JWC currently operates one or more web pages, including this one at the URL www.wagnersweed.com, (sometimes referred to in this document as the “JWC Network"), and which may expand or change from time to time. Any new Products and Services (as defined below), including additional or other new JWC Network websites or other properties, shall be subject to the Terms and Conditions of this document.
The JWC Network is provided as a productivity tool and a data storage service to our customers, patients, subscribers and visitors. It contains a summary of current cannabis general information, including information of a medical nature, as well as information for use of cannabis in a medical or recreational application. The information provided is intended to be general in nature and should not be considered as a substitute for the advice of a professional medial or other qualified consultant. For a use as a medical product, you are cautioned not to act on information provided in the JWC Network without seeking specific professional advice with respect to your own unique circumstances.
JWC makes available through the JWC Network a variety of Products and Services, which may change or vary from time to time (collectively, the "Products and Services"), all of which are subject to the provisions of the terms and conditions set out in this document (herein collectively referenced as the "Terms and Conditions"). In addition, there may exist a variety of special Products and Services offered through the JWC Network that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement or other requirements. When you are using any Product or Service referred to in the JWC Network that does not have a separate legal agreement, the Terms and Conditions in this document will apply and by using the Product or Service, you agree to be bound by the Terms and Conditions. JWC also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of the JWC Network. In addition, the JWC Network also may offer other services from time to time that are provided by and are governed by the terms of service of the respective service providers.
Any and all information provided by you or other information about you obtained by JWC through legal means, is collectively referred to in this document as JWC Network registrations. The terms and provisions and limitations contained in this document regarding JWC Network registrations shall apply comprehensively to all such JWC Network registrations.
Because the Terms and Conditions contain legal obligations, and define the legal relationship between JWC and Users (see “User” defined below) of this site and Users of the Products and Services (including all persons or entities providing information which may be stored by JWC) please read them carefully.
Please direct any legal questions to the attention of: General CounselTrichome JWC Acquisition Corp.email@example.com
The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The headings contained in these provisions are solely for your convenience and have no legal import. JWC's operations include activities related to the production and distribution and the use of cannabis and related products, as well as conducting research into various aspects concerning cannabis; and providing information to interested parties. As such, JWC may also collect personal information from individuals participating in or impacted by those activities.
We may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page within our website that is viewed by that IP address and what country you are from. We use this information to monitor our website's performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our website, and for compliance with regulatory requirements concerning the receipt and storage of Personal Information about Users.
For access to certain of our pages or certain of our services, we may require you to verify that you have attained a minimum age, as set by law in your jurisdiction of residence. To assist with this requirement, we may place a “cookie” on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows our websites to identify you and to record your preferences. The cookie allows us to track your visit to our website(s) so that we can better understand your use of our website(s) so that we can customize and tailor them to better meet your needs. Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (i) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (ii) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you may not be able to access a number of web pages found on our websites.
JWC does not discriminate amongst its Users on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
All information collected concerning you and your use of the JWC Network, use of or purchase of Products and Services, or otherwise arising out of the relationship between you as User and JWC or its affiliates or other third parties, is included in the “Personal Information” referenced throughout this document.
JWC and all Users of this website shall comply with all applicable law with respect to Personal Information collected, used or disclosed in connection with the relationship hereunder. User acknowledges and agrees that the Services are or may be provided via the Internet and that the information pertaining to the User, including Personal Information, will to the extent reasonably possible, be stored by or on behalf of JWC in Canada. Where JWC for any reason which is beyond its reasonable control is required to host part of the information concerning a User outside of Canada, JWC shall, to the best of its abilities, make reasonable efforts to ensure that privacy and security requirements, equivalent to those required by the laws of Canada for information stored within Canada, are complied with.
JWC will take such steps as required of it by applicable law, upon becoming aware of any actual unauthorized access to or loss or theft of any Personal Information concerning a User, and if the unauthorized access, loss, or theft of Personal Information was caused exclusively and directly by JWC’s failure to protect its stored information up to comparable industry standards in place from time to time, JWC will at its sole cost and expense, perform reasonable efforts to remediate the breach and its effects to the maximum extent reasonably possible, and to cooperate with User in providing timely information for notification to applicable Governmental Authorities as and when required, and to provide access of written records to the User of the breach in sufficient detail to satisfy reporting obligations under the Personal Information Protection and Electronic Documents Act.
1. ACCEPTANCE AND CONSENT
All references in this document to the words “you”, “your”, “yourself”, “User”, whether as singular or plural or upper case or lower case, shall be deemed to refer to you as the person or entity which or who is using this website or any other part of the JWC Network, and as the person or entity clicking the box to access this website, you signify that you have read this document and are consenting to all of the terms, provisions and limitations contained herein and that you agree to be bound by them.
By accessing this website or by using the Products and Services (including the provision by you of personal information about yourself, or by registration under this website, or participating in or interacting with one or more of the services or functions provided in or by this website), you consent to and agree, without limitation or qualification, to be bound by and to comply with all of the Terms and Conditions and any other posted guidelines or rules applicable to any individual JWC Network website, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
Descriptive Summary for Personal Information Matters:- We will protect and secure information provided to us by you, in accordance with the terms and provisions and limitations in this document.- We will share information about you in accordance with the terms and provisions and limitations in this document.- By clicking on the access button to this website, you acknowledge and agree that certain information about you may be shared by JWC with other third parties in accordance with the consent provided by you below, including such sharing in accordance with any applicable legal requirements regarding compliance by JWC. You acknowledge that notice of revocation of consent by you, or a request for removal of your data, or a request to ‘be forgotten’, as made by you to JWC, may not ensure that any or all of such information so shared by you will be able to be retrieved from other parties for cancellation or deletion by JWC. User acknowledges that certain Personal Information provided to JWC is required to be shared with Health Canada in conjunction with fulfilling medical prescriptions, or other regulatory agencies, and that JWC will not be legally able to compel any governmental agency to delete or remove Personal Information provided to it by JWC. - You agree that you are responsible to review this document from time to time, to be aware of changes as they are made. We recommend that you do so each time you enter the JWC Network. We do not post notice of changes as they are made from time to time.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with the Terms and Conditions. You acknowledge and agree that JWC may terminate your access to the JWC Network or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by JWC. Any such termination shall be in JWC's sole discretion and may occur without prior notice, or any notice. JWC further reserves the right to terminate any User's access to the JWC Network or to any of the Products and Services for any conduct that JWC, in its sole discretion, believes is or may be directly or indirectly harmful to other Users, to JWC or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, provincial, federal, or foreign laws or regulations. JWC further reserves the right to terminate any User's access to the JWC Network or to any of the Products and Services for any reason or for no reason at all, in JWC's sole discretion, without prior notice, or any notice.
Except as expressly otherwise set out, the Products and Services provided by or through the JWC Network or otherwise provided by JWC, are provided to customer on an “as-is”, “as available”, and “with all faults” basis, and JWC expressly disclaims any and all representations, warranties and conditions concerning the Products and Services, the documentation, and any support services, including any and all representations, warranties or conditions of design, merchantability or fitness for any particular purpose, non-infringement or performance and any and all representations, warranties or conditions that might otherwise arise during the course of dealing, usage or trade and those which may be implied by law. Without limiting the generality of the foregoing, JWC does not provide any representation, warranty, guarantee or assurance that the functions contained or described in the Services will meet the specific requirements of User, that the operation of the Services will be uninterrupted or error-free; or, that all errors in the Products and Services will be corrected. In the event that any liability is found to be attributable to JWC for use or otherwise arising in relation to any products or Services, the damages recoverable shall be limited to any amount of monies paid by the collecting party to JWC or any of its affiliates or subsidiaries, during the six month period preceding the time or event(s) on which such finding of liability is based.
In order to use the Products and Services, Users must have access to the World Wide Web and must navigate the Internet to http://www.wagnersweed.com/ or another of the URLs associated with the JWC Network, presently or in the future.
3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the User to register and provide certain persona; information or other data (herein collectively the “data”). In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various JWC Network registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or JWC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JWC has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
JWC will collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible, information regarding the User and its officers and directors will be collected directly from the User, at the start of the relationship between the parties. In addition, information may also be obtained from other sources such as government agencies or registries, and the User’s professional consultants (medical or otherwise).
In most cases where appropriate or practical, or as otherwise expressly required by law, JWC shall seek the User’s consent, if JWC wishes to collect, use, or disclose personal information concerning the User. Such consent is expressed by clicking the consent button at the end of this document, as well as otherwise in writing, or verbally, or implied by conduct of the parties, or as determined otherwise by the provision of this agreement.
How We Use Your Information:We use your personal information for the purposes communicated to you in this document or otherwise at the time of collection or in any subsequent agreement with JWC, for example to:- Verify your identity and to authenticate you when you contact us;- Provide you with the products and services requested;- Communicate to you any benefit, feature and other information about products and services you subscribed to obtain from or with us;- Respond to any special needs or inquiries you may have;- Better understand your situation and determine your eligibility for products and services we offer;- Manage our risks and operations;- Meet regulatory and legal requirements;- We may communicate with you through various channels including telephone, email, text, computer or mail using the contact information you have provided. You may request that we cease communication with by sending a request to firstname.lastname@example.org;- With your consent, we may use your information to promote our products and services and that of third parties we select, which we believe you will be interested in.
If for any reason your information is required to fulfill a different purpose than that of your original intent, we ask for your consent before we proceed.Note that sensitive information such as health records will never, under any circumstances be shared or used for a purpose other than that of the original intent.
JWC will not disclose personal information to any third party to enable them to market their products and services to you without your express prior approval, and any such disclosure shall only be made as required within the strict confines and direct furtherance of the relationships as contemplated by this document between the User and JWC.
JWC will collect personal information from you to enable it to manage, maintain, and develop its operations, including for example:- to provide you with, or receive from you, the products and services that have been requested, and to understand your requirements and provide advice to improve our relationship;- to enable you to register and access an account with us;- to be able to satisfy your additional requests (for example, to meet your preferred method of contact);- to protect JWC against error, fraud, theft and damage to our goods and property;- to enable us to comply with applicable law or regulatory process; and- any other reasonable purpose to which you consent.
JWC shall take reasonable steps within its own premises and operations to retain and protect in a safe and secure manner all personal information concerning the User which it may have in storage.
Except where otherwise prohibited or stipulated by law having jurisdiction in the circumstances, and limited to the extent as required for compliance with such laws, all JWC Network registrations become the exclusive property of JWC, its affiliates and subsidiaries. JWC reserves the right to use and reuse all registration and other personally identifiable User information subject to this JWC Network Terms and Conditions, as amended from time to time.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor or any other person without legal capacity, to use the JWC Network or the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such person; (ii) controlling the person's access to and use of the Products and Services; and (iii) the consequences of any misuse by the person. You represent and acknowledge that you have full legal authority to engage in such authorization, that you are a recognized substitute decision maker for such person, and that you adopt all statements and provisions and agreement herein on behalf of any such person, making them binding on yourself and on such person.
5. MEMBER AND USER CONDUCT
Upon entering the website or upon registering, you may establish a password and/or a JWC Network ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify JWC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The JWC Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the JWC Network, are entirely responsible for all Content that you upload, post, email or otherwise transmit. The JWC Network does not control the User or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such User or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the JWC Network be liable in any way for any User or third party Content, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted. As a general matter, JWC does not take any responsibility to pre-screen User or third party Content posted on the JWC Network, however may do so for certain areas where JWC employs certain automated screening software, although JWC reserves the right to do or not to do so. JWC does not guarantee that any screening will be done to your satisfaction nor that any screening will be done at all. JWC reserves the right to monitor some, all, or no areas of the Products and Services for adherence to the Terms and Conditions or any other rules or guidelines posted by JWC.
Prohibited Conduct:You agree to not use JWC Network Products and Services to: a. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or User name or email address, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.b. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.c. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.d. Harm minors in any other way.e. Make any sexual request on behalf of a minor or make any sexual request of a minor.f. Stalk or otherwise harass another person.g. Collect or store personally identifying information about other Users for commercial, invasive or unlawful purposes.h. Impersonate any person or entity, including, but not limited to, a JWC Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.i. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.j. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).k. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.l. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contribute to inducing or facilitating any such infringement. This prohibition shall include, without limitation, the following forms of software piracy:i. Making available copyrighted software or other Content that has had the copyright protection removed;ii. Making available serial numbers for software that can be used to illegally validate or register software;iii. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content;iv. Making available any software files for which the User does not own the copyright or have the legal right to make available.m. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.n. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or the JWC Network.o. Use automated means, including additional computers, software and scripts, to enhance play in JWC Network games and promotions.p. Use automated means, including spiders, robots, crawlers, or the like to download data from any JWC Network database.q. Modify, publish, transmit, transfer or sell, reproduce, reverse engineer, create derivative works from, distribute, perform, link, display or in any way exploit any computer code or Content from any JWC database, including, without limitation, by incorporating data from any JWC database into any email or "white pages" products or serviced, whether browser based, based on proprietary client site applications, web based, or otherwise.r. Sell, distribute, or make any commercial use of data obtained from any JWC database or make any other use of data from any JWC database in a manner which could be expected to offend the person for whom the data is relevant.s. Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other Users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges.t. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.u. Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.v. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.w. Access the Products and Services after your account or access has been terminated by JWC.x. Fail to complete any transaction after submitting an order to purchase any goods or services from individual Merchants in JWC Shop, subject to the individual Merchant's or seller's terms and conditions governing such transactions.y. Submit any invalid order to purchase goods or services from individual Merchants in any JWC Shop.z. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the User's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.aa. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of JWC or the party from whom such software may be licensed.ab. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
You acknowledge and agree that the JWC Network and its designates shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the JWC Network or the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation JWC and its designates shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by JWC. JWC may also terminate access to, or membership in, the JWC Network, or any portion thereof, for violating the Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You expressly acknowledge and agree that the JWC Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of JWC, its personnel, its Users and the public.
You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
JWC also may suspend or terminate any User account for any Product or Service because of User inactivity. For example, a JWC mail account may be terminated or suspended if a User fails to sign-in to the JWC mail service for an extended period of time. What is considered "User inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
6. DISCLAIMER OF WARRANTIES
The Products and Services are provided "as is", provided however that any Product provided or sold by JWC may have an express warranty, which is limited and restricted to be valid and binding only to the extent that such may be expressly provided in conjunction with and at the time of such transaction or as may me imposed by statute expressly addressing such warranty and transaction. All other express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. JWC disclaims any warranties for other services or goods received through or advertised on the JWC Network or in connection with the Products and Services or received through any links provided in the Products and Services, as well as for any information or advice received through the Products and Services or through any links provided in the Products and Services. JWC disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. JWC disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the Products and Services, including, without limitation, for harm caused by viruses or similar contamination or destructive features.
You understand and agree that any material downloaded or otherwise obtained through the use of the Products and Services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
7. LIMITATION OF LIABILITY
You expressly understand and agree that under no circumstances shall JWC be liable to any User on account of that User's use or misuse of and reliance on the JWC Network Content, or on the Products and Services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if JWC has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on any JWC Network Content, the Products and Services, from inability to use the Products and Services, or from the interruption, suspension, or termination of the Products and Services (including such damages incurred by third parties).
Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Products and Services or received through any links provided in the Products and Services, as well as by reason of any information or advice received through or advertised on the JWC Network or in connection with the Products and Services or received through any links provided in the JWC Network or the Products and Services. Such limitation shall apply, without limitation, to any injury arising from or in connection with access to or use of any JWC Network Content or on the Products and Services, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the Products and Services or any information or merchandise that appears on, or is linked or related in any way to, the JWC Network. Such limitation shall apply to the fullest extent permitted by law.
Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of User content or personal information stored through or by the JWC Network. Such limitation shall also apply with respect to any damages or losses or any other financial award against JWC or any of its affiliates or subsidiaries, incurred by reason of or arising in connection with any use or misuse, whether authorized or not, of any personal information or Data provided by a User to JWC or otherwise obtained and stored or used by JWC, including any hack or illegal intrusion into JWC’s data bases or other resources used to store information.
The entirety of collectable damages arising from any finding of liability on the part of JWC or any o f its affiliates or subsidiaries, including for the recovery of costs or interest, if any, shall not exceed the amount of the User’s most recent purchase payment to JWC. Under no circumstances shall JWC be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, illegal or unauthorized access to or us of its data records, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, pandemic, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In some jurisdictions, limitations of liability are not permitted by law. In such jurisdictions, the foregoing limitation may not apply to you, only to the extent that they may be limited by such laws as may be applicable.
8. REMOVAL OF LINKS
The JWC Network occasionally receives requests from people to remove links from the JWC Network search services. Although the JWC Network reserves the right to address such requests individually, the general approach that the JWC Network takes reflects the following principles: The catalogs and databases used in connection with the JWC Network search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of website information added, deleted, and changed on a frequent basis, the JWC Network cannot and does not screen anything made available through the JWC Network search services catalogs and databases. In other instances, the JWC Network may make available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in the JWC Network are compiled by third parties through automated processes. JWC makes no representation regarding nor does it assume any responsibility or liability regarding the use or content of any such links.
9. DISCLAIMER REGARDING THIRD PARTY CONTENT
The JWC Network offers access to numerous third party web pages and content available over the Internet. In an overwhelming majority of instances, including but not limited to sites displayed as search results or contained within a directory of links, JWC has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the JWC Network or provided to the JWC Network by third parties, JWC may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to monitor or police any such content. Third party content accessible through the JWC Network from such sources is developed by people over whom the JWC Network exercises no control. The search results that appear from the catalogs indexed by the JWC Network's spiders or web robots are automated, and the JWC Network cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by the JWC Network are posted by third parties, and, with the exception of certain automated screening functions, JWC cannot and does not screen such web pages before they are made accessible to other Users of the JWC Network. Accordingly, the JWC Network assumes no responsibility for the content of any site included in any search results or otherwise linked to the JWC Network websites or in any web page hosted for a third party within the JWC Network, or for the consequences arising from or in relation to use of such resources. In instances where the JWC Network does review the sites that are displayed in directories, indices, and/or references, or where the JWC Network makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed by third parties, and review of such sites by JWC, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
Many features of the JWC Network store information in relation to or on behalf of Users. Examples include, but are not limited to, email messages, chat, web pages, message boards, calendar functions, and postings on JWC. JWC reserves the right, in its sole discretion, to limit the amount of storage space available per User or to delete materials stored for an excessive period while the User's account has been inactive.
11. JWC SHOPPING
JWC Shopping ("JWC Shopping") is made available only to those Users who are of the legal age of consent in their jurisdiction, or otherwise of legal age to conduct such manner of shopping. You may not use JWC Shopping if you have not reached that age or, in any event, if you are less than eighteen (18) years old or are not of sound mental capacity. Like other areas of the JWC Network Products and Services, your use of JWC Shopping is subject to the relevant language set forth above regarding disclaimers of warranties and limitation of liability. Please re-read those provisions carefully. As with all other aspects of the Products and Services, by using JWC Shopping, you hereby agree that you shall be responsible for all tax obligations and costs that arise from or relate to your use of JWC Shopping, including, without limitation, tax obligations and costs for any transactions that arise from or relate to your use of JWC Shopping.
12. DISCLAIMER REGARDING MULTIMEDIA SEARCH
Pictures, movies, streams, and sounds (the "Multimedia Content") located through the JWC Multimedia Search and other JWC Network search services are protected by copyright and/or other intellectual property laws. JWC does not authorize you and/or does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the JWC Network, all of the Multimedia Content contained on such sites is owned and served by entities other than by JWC. Where the JWC Network provides you with the URL or address of the Multimedia Content, this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through our site for commercial or noncommercial purposes, we require that you contact the server of the Multimedia Content for permission to use the Multimedia Content.
13. JWC NETWORK IMAGE GALLERY LIMITED LICENSE
Use of the JWC Image Gallery indicates your acceptance of the following terms and conditions and the JWC Network Terms and Conditions. The images made available through the JWC Image Gallery are copyrighted images which may also be subject to certain other legal rights or limitations. You may only utilize each image, if at all, for personal, home use or for any of the following purposes: criticism, comment, news reporting, teaching (includes multiple copies for classroom use), scholarship or research. You may not create derivative works from an image, display or distribute copies of it, publish it, use it in a performance, or modify it in any manner except size. You may not distribute or sublicense the images nor use the images in any commercial, advertising, marketing or professional manner whatsoever. Neither JWC nor our image providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the images displayed on the JWC Image Gallery.
14. THE JWC COMPUTERS DOWNLOAD AND SHAREWARE
The JWC Computers Download and Shareware allows you to search for software that has been made available for downloading by various third parties. All such software is provided by entities other than the JWC. JWC makes no representations or warranties regarding such software and disclaims all liability and responsibility for use of or access to such software. If you intend to download such software, you should carefully re-read the provisions set forth above in the disclaimer of warranties and limitation of liability. Those provisions will have special importance to you. The JWC Network makes its JWC Computers Download and Shareware available subject to all of the Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above. JWC cannot guarantee that any software downloaded through JWC Computers Download and Shareware will meet any User's needs, standards, or desired specifications,. Although the software available in JWC Computer Download and Shareware may have been screened for recommendations and viruses, JWC cannot guarantee that this screening has been performed to the User's satisfaction nor that the downloaded material is free of any virus or trojan or other undesirable content that may infect or otherwise negatively damage your devices, their operation or their content. . JWC cannot and does not guarantee that such software will be free from viruses or errors. If you download such software, you shall bear all risk of viruses, errors, or damage and all other risks resulting from such downloading or use of the material..
15. PROFESSIONAL INFORMATION DISCLAIMER
The JWC Network makes available certain information provided by third parties related to various professional fields such as medicine, law, and engineering. The JWC Network does not give advice in any such fields and in no way endorses any of the information provided in this manner. If you intend to use any such information, you should carefully re-read the disclaimer of warranties and limitation of liability. Those provisions will have special importance for you. All information made available through the JWC Network is made available subject to The JWC Network Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above. The JWC Network strongly suggests that you seek advice from a competent professional regarding issues in any professional field.
16. OPEN DIRECTORY DISCLAIMER
The JWC Network may make available certain content through the Open Directory. The directories, and the underlying content are created entirely by other parties and are solely the responsibility of such other parties. Consequently, JWC cannot, and does not represent or warrant the reliability, accuracy, and truthfulness of that content. Although periodically JWC may attempt to verify the accuracy of information contained in the Open Directory, neither the JWC Network nor its affiliates and subsidiaries and its agents shall be held liable for any technical inaccuracies, typographical errors or inaccuracies in any information in the Open Directory. In addition, the JWC Network has no control over whether that content is of a nature that Users will find inoffensive, tasteful and otherwise acceptable. The JWC Network has NO responsibility for such content; rather, it is merely providing access to such content as a service to you. You should exercise appropriate discretion, good judgment and caution in accessing content on the Open Directory and in taking any actions based upon that content. You bear all risk associated with any content that you access. Your accessing of any content through the Open Directory service is governed by your agreement to the Terms and Conditions of this document. If you proceed to use the Open Directory service, you thereby agree to be bound by the Terms and Conditions. The disclaimer of warranties and limitation of liability set forth in Sections 6 and 7 apply to the Open Directory service.
17. ADVERTISERS AND CONTENT LINKED TO THE JWC NETWORK
JWC may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a User to leave the JWC Network to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. JWC has no control over such sites and resources. You acknowledge and agree that JWC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that JWC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the JWC Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that JWC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
JWC encourages you to exercise discretion while using the Products and Services to browse the Internet. JWC may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. JWC makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the JWC Network websites. JWC shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the JWC Network' search results or otherwise linked to the JWC Network websites or provided to the JWC Network by third parties.
18. THE JWC NETWORK LOGOS AND SEARCH BOXES
Linking to the “wagnersweed.com” URL:The wagnersweed.com URL offers a non-assignable, non-transferable, and non-exclusive license to link to the JWC Network's websites, using the wagnersweed.com logos and search boxes, subject to the following provisions. The wagnersweed.com logos and search boxes may be placed on a Website for the sole purpose of creating a link to wagnersweed.com and allowing Users of the site to access the Products and Services on wagnersweed.com. The wagnersweed.com logos and search boxes may not be used for any other purpose, including, among others, to suggest sponsorship by, or affiliation with, or endorsement by wagnersweed.com. The wagnersweed.com logos and search boxes may only be used in accordance with the wagnersweed.com guidelines and only be used in the exact size, shape, colors, design, and configuration as found on those web pages. The wagnersweed.com logos and search boxes may not be altered in any manner. The wagnersweed.com logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The wagnersweed.com logos and search boxes may not be used to disparage the JWC Network, its products or services, or in a manner which, in JWC's reasonable judgment, may diminish or otherwise damage JWC's goodwill in the wagnersweed.com logos. JWC reserves the right to take action against any use that does not conform to these provisions.
Permissions:If you would like permission to use any JWC trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please contact email@example.com. If deemed appropriate, in the sole discretion of JWC, the Permissions Agent may contact you with the Permission Form. Your request will be processed once we receive your completed Permission Form. Please note that JWC only grants permission, if at all, on a per-item, per-project basis.
Your request will be processed once we receive your completed Permission Form. You may typically receive a response as soon as reasonably practical. If your request is approved, that approval will be expressly subject to the above-referenced Guidelines as well as all additional terms set forth in JWC' Permission Approval Letter, as well as the herein Terms and Conditions.
19. NO LICENSE TO INTELLECTUAL PROPERTY OF JWC AND OTHERS
Except as expressly provided, nothing within any of the Products and Services or within this document, shall be construed as conferring any license under any of the JWC Network's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the JWC Network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of JWC and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by JWC in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by JWC, any of JWC' affiliates, or any of JWC' service providers. You agree not to use any of the trademarks or service marks or other content accessible through the JWC Network of any purpose other than the purpose for which such content is made available to Users by JWC. You agree not to defame or disparage JWC, the trademarks or service marks of JWC, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the JWC Network.
20. INDEMNITY AND RELEASE
By using the “wagnersweed.com” website you agree to indemnify JWC and its parents, subsidiaries, affiliates, officers, employees, and licensors, and to hold and save them harmless from any and all claims and expenses, including legal fees, arising from your use of the ‘wagnersweed.com’ and related websites, your use of the Products and Services, or your submission of ideas and/or related materials to JWC or from any person's use of any account or password which you create or maintain, regardless of whether such use is authorized by you. By using the ‘wagnersweed.com’ website, using the Products and Services, or submitting any ideas and/or related materials to JWC or any other communication to JWC, you are hereby agreeing to release JWC and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to JWC.
21. LIMITATION OF ACTIONS
You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to your use of the JWC Network or the Products and Services, must be filed within one (1) year after such claim or cause of action arises, or forever be barred, and you attorn any such claim exclusively to the courts of the Province of Ontario.
22. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of the JWC Network to respond expeditiously to claims of intellectual property infringement. JWC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and any successor legislation, and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the JWC Network will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The JWC Network will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to: General Counsel, Trichome JWC Acquisition Corp., firstname.lastname@example.org
Please put "Notice of Infringement" in the subject line of all such notifications. When JWC removes or disables access to any material claimed to be infringing, JWC may attempt to contact the User who has posted such material in order to give that User an opportunity to respond to the notification, although JWC makes no promise to do so. Any and all counter notifications submitted by the User will be furnished to the complaining party. JWC will use reasonable efforts to give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before JWC replaces or restores access to any material as a result of any counter notification.
23. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
The JWC Network reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The JWC Network reserves the right to modify the Terms and Conditions from time to time, without notice. It is your responsibility to review the Terms and Conditions from time to time so you will be apprised of any changes. Notices of changes, as they are made, will not be posted or otherwise communicated to a User.
JWC may, at any time, with or without notice to User: (I) make any changes that are necessary or desirable to comply with applicable safety, security, privacy, or other legal requirements including legislation or orders from applicable Governmental Authorities; (ii) supplement or make changes to its User documentation (when applicable) and to its rules of operations, access, procedures, security and privacy procedures and policies; and (iii) change the components, functions, functionality, type, and location of the Services.
This document and in particular the Terms and Conditions as contained and as amended from time to time, constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between JWC representations and User with respect to the subject matter hereof; except that any other terms and conditions located on any individual JWC Network website or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with the Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with the Terms and Conditions, those other provisions shall control with respect to the use of the particular website and any Products or Services available on or through the website or the respective Product or Service at which those other provisions may be found.
25. NON-WAIVER AND SEVERABILITY
JWC’s failure to exercise any right or provision of this document or of the Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this document or specifically the Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in these provisions, and agree that such terms found invalid are severable and that the other provisions of this document and of the Terms and Conditions remain in full force and effect.
26. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and JWC are independent contractors under the Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to the Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
27. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your privileges, rights or obligations under the Terms and Conditions without prior express written authorization of JWC.
28. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, the Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
29. TERMINATION AND SURVIVAL
The Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by JWC, and for as long as JWC retains storage of information concerning you within its own network, but not information maintained by an outside party which JWC has attempted to but been unable to have such information deleted. All provisions of the Terms and Conditions which impose obligations continuing in their nature shall survive termination of the Terms and Conditions, and the ceasing or termination of you being a User of the JWC Network.
30. COMMUNICATIONS WITH USERS
You consent to receive communications from JWC concerning or arising from your use of this website and of the Products and Services ("Communications"). The Communications may be those that JWC is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that JWC sends to you for other reasons. You consent to receive Communications electronically. JWC may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on the JWC Network. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which JWC sends Communications by visiting your account information page. You may give notice to JWC if you wish to cease receipt of Communications other than Required Communications. Such notice may be delivered by you to email@example.com.
In order to receive Required Communications, you must provide JWC, upon registration with the JWC Network, a valid email address to which JWC may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser which is up-dated and kept current by you from time to time, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. JWC will provide notice of any changes to these requirements.
31. SUBMISSION OF IDEAS
The JWC Network is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the JWC Network, we are open to receiving them, but any submission will be subject to the Terms and Conditions. Under no circumstances shall any disclosure of any idea or related materials to JWC be subject to any obligation of confidentiality or expectation of compensation or subject to any claim of ownership or authorship by the User submitting such ideas. By submitting the idea and/or any related material to JWC, you are waiving any and all rights that you may have in the idea or any related materials and are representing and warranting to JWC that the idea and/or related materials are wholly original with you, that no one else has any rights in the idea and/or materials and that JWC is free to implement the idea and to use the materials if it so desires, as provided or as modified by JWC, without obtaining permission or license from any third party, and that you hereby assign and transfer and that JWC has full and exclusive proprietary interest in the ideas and all moral rights to any associated copyright.
32. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate the provisions of this document or any of the Terms and Conditions or any other rights of JWC and the JWC Network, JWC reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the JWC Network websites.
If you are aware of any violations of the Terms and Conditions, please report them to: firstname.lastname@example.org.
Please read the entirety of this document which contains the Terms and Conditions, as all JWC Network properties, Products and Services, as well as the receipt and use and removal of data concerning you, are subject to the contents of this document and the Terms and Conditions
We hope your enjoyment of the JWC Network and of JWC's Products and Services will be enhanced by the application of the Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the JWC community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read this document and we hope you enjoy the JWC Network and our Products and Services.
Table of Contents by Section Headings
1. Acceptance and Consent
2. Conditions and Restrictions on Use
3. Registration and Privacy
4. Responsibility for Minors
5. Member and User Conduct
6. Disclaimer of Warranties
7. Limitation of Liability
8. Removal of Links
9. Disclaimer Regarding Third Party Content
11. JWC Shopping
12. Disclaimer Regarding Multimedia Search
13. JWC Network Image Gallery Limited License
14. The JWC Computers Download and Shareware
15. Professional Information Disclaimer
16. Open Directory Disclaimer
17. Advertisers and Content Linked to the JWC Network
18. The JWC Network Logos and Search Boxes
19. No License to Intellectual Property of JWC and Others
20. Indemnity and Release
21. Limitation of Actions
22. Intellectual Property Infringement Claims
23. Changes in Terms and Conditions and Changes in Products and Services
25. Non-waiver and Severability
26. Relationship of Parties
27. No Resale, Assignment, or Sublicensing
28. Successors and Assigns
29. Termination and Survival
30. Communications with Users
31. Submission of Ideas
32. Violations of Terms and Conditions