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Terms of service

Last Updated: August 17, 2020

These Terms of Service (hereinafter, these "Terms") govern your access to and use of RCU's - Responsible Cannabis Use (a) websites, portals, platforms ("Platforms") mobile applications (the "Mobile Apps"), that link to or otherwise reference these Terms, including thercu.org, yourstori.com, app.yourstori.com, and canniknow.com and (b) social media pages and channels (collectively, the "Websites"), including any services, features, media, functions, content, tools and links contained or offered therein (collectively, the "Services"). The terms "we", "us" and "our" refer to RCU Group Inc. ("RCU").

By accessing or using any of the Websites and/or purchasing something from us, you engage in our "Services" and you agree to be legally bound by these Terms. If you do not accept and agree to these Terms, you may not access or use any of the Websites or Services or create an account or user profile. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

SECTION 1 - DISCLAIMERS

1. All Content on the Websites is provided for informational and educational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content on the Websites is at your own risk.
2. Occasionally there may be information on our Websites or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information related to the Websites that is inaccurate at any time without prior notice.
3. We reserve the right to refuse Services to anyone for any reason at any time.

SECTION 2 - ELIGIBILITY

In order to access the Websites and Services you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts. Without limiting the foregoing, the Websites and Services are not available to minors or suspended users.

RCU controls and operates the Websites and Services from Canada. RCU makes no representation that the Content on the Websites are appropriate or available for use in other locations, and access to the Websites and Services from territories where its contents are illegal is prohibited. Those who choose to access the Websites or Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

SECTION 3 - ACCOUNTS

User Profiles
In order to access or use some of the Websites or Services, you must first register and create an account for yourself for such Websites or Services (each a "User Profile"). By creating a User Profile, you represent and warrant that:

1. All required registration information you submit is true, accurate, current, and complete; and
2. You will maintain the accuracy of such information at all times;
3. You may not create more than one User Profile;
4. You are solely responsible for all activities that occur under your User Profile, password, and username – whether or not you authorized the activity;
5. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your account so that others may not access any password protected portion of the Websites or Services using your name, username, or password;
6. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security;

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account, User Profile and access to and use of the Websites and Services, at our sole discretion and without advance notice or liability.

Social Networking Services
Alternatively, we may permit you to login to the Websites or Service or User Account with your login credentials from certain social networking sites (e.g., Facebook and Twitter) ("SNS"). If you log in or otherwise associate your User Account with your login credentials from a SNS, we may receive information about you from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS ("SNS Terms"). If you elect to share your information with these SNS, we will share information with them in accordance with your election. The SNS Terms of said SNS will apply to the information we disclose to them.

SECTION 4 - SITE AND MOBILE APP

Prohibited Uses.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Websites of Services or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Ownership
Excluding User Content, you acknowledge that all the intellectual property rights in the Websites and Services are owned by RCU. The provision of the Websites and Services does not transfer to you or any third-party any rights, title, or interest in or to such intellectual property rights. RCU and its suppliers reserve all rights not granted in this Agreement.

SECTION 5 - COMMUNICATIONS

By accessing or using the Websites or Services, you consent to receiving certain communications from us electronically. We will communicate with you in a variety of ways, including, without limitation by:

Email
You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

Push Notifications
When you install our Mobile App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the Mobile App is not on. You can turn off notifications by visiting your mobile device's "settings" page.

SECTION 6 - CONTENT

Type of Content:
For purposes of these Terms,

"Content" means all text, images, photos, audio, video, graphics, reviews, location data, and all other forms of data, communication or media,

"User Content" means Content that is submitted, or transmitted to, through or in connection with the Websites or Services, such as ratings, reviews, photos, videos, media, messages, social media posts or services, comments and information that users publicly display or displayed in their User Profile,

"RCU Content" means Content that we create or otherwise owned by us and make available in connection with the Websites or Services,

"Third-Party Content" means Content that originates from parties other than RCU or users of any of the Websites or Services, which is made available in connection with the Websites or Services and not otherwise owned by us, and

"Website Content" means all of the Content that is made available in connection with the Websites or Services, including User Content, Third-Party Content and RCU Content.

User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you submit to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Prices for our Services are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 8 - PRODUCTS OR SERVICES (if applicable)

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

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

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

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

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 10 - OWNERSHIP; PROPRIETARY RIGHTS

Our Ownership
We own the RCU Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, data, aggregate user review ratings and all other elements and components of the Websites but excluding User Content and Third-Party Content.

Ownership of Your Content; License to Your Content
RCU does not claim ownership of User Content. However, when Users post or publish Content on the Websites or Services, users represent that they own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in User Content.

You grant RCU a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, User Content (in whole or in part) for the purposes of operating and providing the Websites and Services to you and to our other users.

License to Your Data
You hereby grant RCU the right and license to use any data, images or information that is pushed or otherwise transferred to us through any of our APIs by you or by any third-party on your behalf ("Licensed Data") for any purpose relating to any of the businesses of RCU or for any purpose relating to the Websites or Services, including in connection with displaying any data, images or information on the Websites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by RCU shall be owned exclusively by us.

SECTION 11 - THIRD-PARTY SERVICES

Third-Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Websites is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Third-Party Material
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on these Websites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Third-Party Offers
The Websites or Services might display, include or make available coupons, promotional codes, giveaways, samples, and other offers from third parties (collectively, the "Offers"). Offers constitute "Third-Party Materials" under these Terms. RCU displays these Offers on the Websites and Services as a form of advertisement for the third-party (the "Offeror") only. All Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions or restrictions are expressly included on the Websites or Services. The Offeror, and not RCU, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Offer; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.

SECTION 12 - COPYRIGHT POLICY

In connection with our Websites and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Websites and Services who are repeat infringers of intellectual property rights, including copyrights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Websites or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) Your electronic or physical signature; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Websites or Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) 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. Contact information for notice of claims of copyright infringement is as follows:

RCU Group Inc.
Attn: COO
contact@thercu.org

SECTION 13 - PRIVACY POLICY

You understand that through your access or use of the Websites and any Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of information to the United States and/or other countries for storage, processing and use by RCU.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall RCU, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty US dollars ($50) or (b) as specified by the Terms & Conditions of the applicable Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless RCU, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (the "Indemnified Parties") , harmless from from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys' fees) made by any third-party due to (i) your use or misuse of the Websites or Services, (ii) your Content, (iii) your violation of these Terms; or (iv) your violation of applicable laws or regulations.

SECTION 16 - TERMINATION

These Terms of Service will remain in full force and effect while you use the Websites or Services until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Websites or Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

SECTION 17 - GENERAL

Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Copyright/Trademark
We own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the RCU Content, the Websites and the Services, which are protected by copyright, trade secret, patent, trademark laws and all other applicable intellectual property and proprietary rights and laws. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Websites, Services and the RCU Content are retained by us.

No Support or Maintenance
You acknowledge and agree that RCU will have no obligation to provide you with any support or maintenance in connection with the Websites or Services.

Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Release
You hereby release and forever discharge RCU (and its owners, directors, managers, officers, partners, employees, independent contractors and agents and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Websites or Services or Third-Party Materials. If you are a California resident or resident of a state with a similar applicable law, you hereby waive California civil code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Websites or Services constitutes acceptance of those changes.

Contact Information
Questions about the Terms of Service should be sent to us at support@yourstori.com.