TERMS AND POLICIES
The Consultant/Client Relationship Policy and Disclaimers and Disclosures Policy relate only to the client relationships with individuals or entities which choose to engage Cann Strategy as a cannabis business strategy consultant in an official service contract.
If you have any questions about these policies, please do not hesitate to contact us. Thank you for choosing Cann Strategy.
Terms of Service
Welcome to the website of Cann Strategy ("Company", "we", "us", "consultant" or "our"). These Terms of Service (the "Terms") govern your use of our website, located at cannstrategy.com (the "Website"). By using the Website, you agree to be bound by these Terms and Policies, which constitute a binding agreement between you and the Company. If you do not agree to these Terms, you should not use the Website.
USE OF THE WEBSITE
The Website is provided for informational purposes only and is not intended to provide legal, financial, or other professional advice. You acknowledge and agree that your use of the Website is at your own risk and that the Company is not responsible for any actions you take or decisions you make based on the information provided on the Website.
The Website and its contents, including but not limited to text, graphics, images, logos, and software, are the property of the Company or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any information, software, products, or services obtained from the Website without the prior written consent of the Company.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE INFORMATION PROVIDED ON THE WEBSITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or in connection with your use of the Website or your breach of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of [INSERT STATE], without giving effect to any choice or conflict of law provision or rule. Any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in Nevada, and you hereby consent to the personal jurisdiction of such courts.
MODIFICATIONS TO THE TERMS
The Company reserves the right to modify these Terms at any time without prior notice to you. Your continued use of the Website after any such modifications shall constitute your acceptance of the modified Terms.
The Company may terminate these Terms and your access to the Website at any time, for any reason, without prior notice to you.
These Terms constitute the entire agreement between you and the Company with respect to your use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company.
If you have any questions about these Terms, please contact us email@example.com
INFORMATION WE COLLECT
When you visit our website, we may collect personal and non-personal information. Personal information may include your name, email address, phone number, and other contact information. Non-personal information may include your IP address, browser type, device type, and other technical information about your use of our website.
We may also collect information that you provide to us voluntarily, such as when you fill out a contact form or request more information about our services.
HOW WE USE YOUR INFORMATION
We may use your personal and non-personal information to:
Respond to your inquiries and provide you with information about our services;
Improve our website and services;
Communicate with you about your account or our services;
Comply with applicable laws and regulations;
Protect our rights and property;
Analyze user behavior and preferences to better understand our audience and improve our services.
We may share your information with third-party service providers who assist us in providing our services, such as website hosting, analytics, and marketing. We will only share your information with these third-party providers to the extent necessary for them to perform their services for us, and we will require them to maintain the confidentiality of your information.
We may also disclose your information if required by law or if we believe that such disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order, or legal process.
We take reasonable measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your information.
You may choose not to provide us with certain information, but this may limit your ability to use certain features of our website or to receive information about our services.
You may also unsubscribe from our marketing emails at any time by clicking the "unsubscribe" link in the email.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may have certain privacy rights under the California Consumer Privacy Act (CCPA). For more information about your rights under the CCPA, please see our CCPA
Cann Strategy is committed to providing high-quality services to our clients. As such, we do not offer returns or refunds for our services. However, clients may terminate their agreements with Cann Strategy in accordance with the terms set forth in their signed legal contracts.
TERMINATION OF AGREEMENTS
Clients may terminate their agreements with Cann Strategy at any time by following the procedures outlined in the signed legal contracts. The termination process may include written notice to Cann Strategy, payment of any outstanding fees, and return of any confidential or proprietary information provided by Cann Strategy.
Cann Strategy reserves the right to terminate agreements with clients at any time in accordance with the terms set forth in the signed legal contracts. Such termination may result in the forfeiture of any fees paid by the client.
CHANGES TO AGREEMENTS
Any changes to the terms of an agreement between a client and Cann Strategy must be made in writing and signed by both parties.
Clients are responsible for providing accurate and complete information to Cann Strategy and for complying with all applicable laws and regulations related to their use of our services.
LIMITATION OF LIABILITY
Cann Strategy shall not be liable for any damages or losses arising from the use of our services or the termination of an agreement between a client and Cann Strategy. In no event shall our liability exceed the fees paid by the client for the services provided by Cann Strategy.
The laws of the State of Nevada shall govern any disputes arising from or related to the use of our services or the termination of an agreement between a client and Cann Strategy.
If you have any questions about our return policy or the termination of agreements with Cann Strategy, please contact us at firstname.lastname@example.org.
Effective Date: January 1, 2023
WHAT ARE COOKIES?
Cookies are small data files that are placed on your device when you visit a website. They are widely used to make websites work more efficiently and to provide website owners with information about how users interact with their websites.
Improve the functionality and performance of the Website
Analyze how users interact with the Website
Remember your preferences and settings
Provide relevant advertising
TYPES OF COOKIES WE USE
We may use both session cookies and persistent cookies on our Website. Session cookies are temporary cookies that are erased when you close your browser, while persistent cookies remain on your device until they expire or are deleted.
We use the following types of cookies on our Website:
Essential cookies: These cookies are necessary for the Website to function properly and cannot be switched off in our systems. They are usually only set in response to actions made by you, such as setting your privacy preferences, logging in, or filling in forms.
Analytical cookies: These cookies allow us to collect information about how visitors use our Website, such as which pages are visited most often, and to improve the performance of the Website.
Advertising cookies: These cookies are used to deliver relevant advertisements to you based on your interests and to measure the effectiveness of our advertising campaigns.
HOW TO CONTROL COOKIES
You can control cookies through your browser settings. Most browsers allow you to refuse to accept cookies or to delete cookies already stored on your device. However, please note that if you choose to disable or delete cookies, some features of our Website may not function properly.
If you have any questions about this Cookies Policy, please contact us at email@example.com.
IN ALL SERVICES PROVIDED BY CONSULTANT, CLIENT AND CONSULTANT AGREE TO THE FOLLOWING UNDERSTANDING REGARDING THE CLIENT/CONSULTANT RELATIONSHIP.
TYPE OF RELATIONSHIP
(a) Consultant is an independent contractor working non-exclusively in the State of [CLIENT'S STATE] for Client;
(b) Consultant is not considered an employee of Client for any purpose, and nothing contained herein shall be construed as creating an employer/employee, master/servant, principal/agent, partnership, joint venture or other similar type of relationship;
(c) Client may utilize the services of other consultants as Client deems necessary; provided, however, that in the event Client retains or hires a consultant to perform services that are relevant to, related to or similar to the Services, or that consist of any services included within the Services, Client (i) shall provide Consultant with prompt written notice of such retention or hiring, which notice shall include the full name, address, telephone number and electronic mail address of such consultant, and the services for which such consultant was retained or hired, (ii) agrees that Consultant shall have the role of, and be considered and treated as, the lead consultant on all overlapping matters who will have the same decision-making authority and discretion as Consultant would have had if such other consultant had not been retained or hired, (iii) shall communicate to each such consultant that Consultant is the lead consultant and (iv) the hiring of such other consultants by Client shall not affect or cause a reduction in the fees owed to Consultant in accordance with Section C, nor shall Client be entitled to any deduction from the fees owed to Consultant hereunder as a result of Client’s election to retain one or more other consultants;
(d) Consultant is providing or may in the future provide the same or similar Services outside of the State of [CLIENT STATE] to other third parties and such conduct is expressly permitted by Client; provided, that this clause (d) shall not relieve Consultant of its obligations to provide the Services in accordance with the signed Agreement;
(e) Consultant may work with other parties in the State of [CLIENT STATE] concurrently to working with Client in the State of [CLIENT STATE]
(f) except as otherwise expressly provided herein, the manner in which Consultant renders services to Client will be within Consultant’s sole control and discretion;
(g) Consultant will not take any action with the State of [CLIENT STATE] on behalf of Client, including, without limitation: (i)the filing of any application, without specific approval from Client, which approval may be provided verbally or by electronic mail; (ii) the approval of any plan provided by a service provider, third party consultant, or government authority; (iii) agreement to any fees, contracts or terms with any third party; (iv) marketing, advertising, or public communications.
(h) Consultant does not have any right or power in any manner to bind or commit Client to any contract or other obligations with any third party or to hold Consultant out as a representative or agent of Client, except upon the specific prior written approval of Client and Consultant; and
(i) Client shall not be liable for paying, withholding and/or remitting to proper state, federal or local agencies any income taxes, FICA taxes or similar taxes or amounts applicable to the consideration paid to Consultant, or paying any other similar taxes or similar contributions associated with the relationship between Client and Consultant.
TAXES AND BENEFITS
Consultant shall have no obligation for the withholding of income taxes or the payment and/or withholding of social security and other payroll taxes, workers’ compensation, disability benefits, Adult Use/Recreational benefits, unemployment insurance, retirement benefits or any other benefits provided by Client, on its own accord or pursuant to law, to Client’s employees.
AFFILIATES AND SUB-CONSULTANTS
Consultant’s affiliates, sub-consultants and staff members (collectively, “Consultant’s Representatives”) who render Services for Client under this Agreement shall be bound by the provisions of this Agreement, and Consultant shall be liable for any breach of this Agreement by any of Consultant’s Representatives as though Consultant had committed such breach. Similarly, Client’s affiliates, third party consultants and staff members (collectively, “Client’s Representatives”) shall be bound by the provisions of this Agreement, and Client shall be liable for any breach of this Agreement by any of Consultant’s Representatives as though Client had committed such breach.
For the duration of this Agreement and for a period of 12 months after any termination of this Agreement, neither Party nor any party acting on either Party’s behalf (together, the “First Party”) will directly or indirectly endeavor to cause or attempt to cause any employee of the other Party (the “Second Party”) to terminate such party’s employment with the Second Party, nor shall the First Party solicit any such employee of the Second Party to terminate such party’s employment with the First Party, in each case through any means whatsoever; provided, however, that this Section 4 shall not preclude the First Party’s use of general solicitation in publication(s) or similar public medium(s) that, in each case, is not specifically targeted to the employees of the Second Party, or any of them.
Disclaimers and Disclosures
ALL CLIENTS ENGAGED IN CONTRACT WITH CANN STRATEGY AND/OR J.WHITNEY & CO. AGREE AS FOLLOWS:
(i) Although Consultant may comment upon Client’s legal documents in the course of performing the Services hereunder, Consultant is not licensed to practice law and is not an attorney, (ii) communications between Consultant and Client may focus on, relate to or involve legal issues but should be interpreted as, and are non-legal opinions, or recommendations to consider, (iii) if legal advice is necessary or desired, Client should and may in its sole discretion consult an attorney of Client’s own choosing and (iv) the Services do not include any legal advice or the selection of attorneys for Client, or any obligation of Consultant to provide a legal opinion on any matter.
(i) although communications between Consultant and Client may involve discussions concerning accounting matters and/or financial statements, and presentation of financial results and projections, Consultant is neither a Certified Public Accountant (“CPA”) nor a tax professional, (ii) if accounting or tax advice is necessary or desired, Client should and may in its sole discretion consult a CPA or tax professional of its own choosing and (iii) the Services do not include any accounting or tax advice or the selection of CPAs or tax professionals for Client.
(i) Consultant is not an employee or representative of any financial or banking institution, (ii) Consultant cannot and does not speak for any particular financial or banking institution, (iii) financial and banking institutions regularly change their policies and procedures, all of which are beyond Consultant’s control and expertise, (iv) financial and banking advice should be considered as general methodologies and anecdotal information, and not as a prediction or guarantee of future performance, offers or service to be provided by any financial or banking institution and (v) the Services do not include any financial or banking advice or the selection of financial or banking institutions for Client.
Client maintains control of all decisions and may in its sole discretion reject any advice with which it disagrees.
Consultant does not guarantee the performance, compliance or success of Client’s license approval or operations.
Consultant’s business (i) violates specific federal laws, (iii) is governed by Nevada law, (iii) may not be permitted outside of Nevada either under Nevada law or the laws of other states or other jurisdictions and (iv) Consultant is solely responsible for ensuring its business complies with all laws of all jurisdictions in which it operates.
1. Consultant shall indemnify, defend and hold Client harmless from and against any and all third party claims, losses, damages, liabilities, injuries, actions and expenses of any character whatsoever arising as a result of Consultant’s breach of its performance of the Services (including Consultant’s fraud, willful misconduct or gross negligence in relation to this Agreement or the performance of the Services), except if the breaching activity was undertaken at the request of Client, in which case Client shall not be entitled to any relief, and Consultant shall have no obligation to indemnify or otherwise, under this Section or otherwise.
2. Client shall indemnify, defend and hold Consultant and its representatives, agents and assigns harmless from and against any and all third party claims, losses, damages, liabilities, injuries, actions and expenses of any character whatsoever, arising as a result of Client’s breach of its obligations under this Agreement (including Client’s fraud, willful misconduct or gross negligence in relation to this Agreement).
1. For purposes of this Agreement, “Confidential Information” means any information disclosed by one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) during Consultant’s relationship with Client that is identified as confidential or proprietary by the Disclosing Party, including, without limitation, (a) any and all data or information relating to the Disclosing Party’s past, present or future research or development, including, but not limited to, samples, formulas, know-how, techniques, specifications, plans, drawings, diagrams, software, databases (electronic or otherwise), flowcharts, prototypes, models, documents or manuals or business activities, including the Disclosing Party’s business plans, financial information, cost data, all product, financial, marketing, organizational, forecasts and projections, pricing and cost information, processes, business plans, methods, procedures, trade secrets and contracts, marketing and other information, all of which constitutes trade secrets and confidential, nonpublic information of the Disclosing Party owned by the Disclosing Party, (b) this Agreement and its terms, including, without limitation, the fees described in Section C and (c) any notes, analyses, summaries, compilations, studies or other records (whether written, oral or otherwise) made by or provided to the Receiving Party that contain or are derived from Confidential Information. Confidential Information includes not only written information but also information transferred orally, visually, electronically, or by any other means. If the information is in other than written form, it will be
Confidential Information only if the information by its nature or the context of its disclosure would reasonably be considered of a confidential nature, and the Disclosing Party gives written notice before, or within ten days after, disclosure that the information must remain confidential.
Confidential Information will include any of the above described information whether such information is disclosed to the Receiving Party prior to, on or after the Effective Date. The Receiving Party hereby acknowledges the sensitive and confidential nature of the Confidential Information, and the irreparable damage that would result to the Disclosing Party if such Confidential Information is disclosed to third parties or otherwise used or disclosed in a manner not expressly permitted by this Agreement. For the sake of clarity, this Agreement and its terms, including, without limitation, the fees , are and shall be considered and treated as “Confidential Information” of Consultant regardless of whether this Agreement or any term hereof is specifically marked or identified as confidential or proprietary.
2. For itself and on behalf of its officers, directors, agents, employees and Representatives, each Party agrees to the following:
(a) The Receiving Party will not disclose the Disclosing Party’s Confidential Information to any third party or disclose it to an employee of the Receiving Party unless such employee (i) has a need to know the Confidential Information in connection with Consultant’s provision of the Services in accordance with this Agreement (the “Purpose”) and (ii) is subject to confidentiality obligations owed to the Receiving Party at least as stringent as those set forth in this Agreement. The Receiving Party will use the Confidential Information only for the Purpose and will not use it for any third party’s benefit. The Receiving Party will use the same degree of care to protect the Confidential Information as it would use to protect its own information of like importance, but in no event with less than reasonable care.
(b) If the Receiving Party is subject to legal proceedings requiring disclosure of Confidential Information (“Legal Disclosure”), then, prior to disclosing any such Confidential Information, the Receiving Party will promptly notify the Disclosing Party, and will cooperate with the Disclosing Party, at the Disclosing Party’s cost, to limit the Legal Disclosure.
(c) The Confidentiality obligations in Section 2(a) above do not apply to disclosed information that the Receiving Party can prove: (i) the Receiving Party knew at the time of disclosure, free of any obligation to keep it confidential, as evidenced by written records; (ii) is generally publicly known through authorized disclosure; (iii) the Receiving Party independently developed without using or relying on any Confidential Information, as evidenced by written records; (iv) the Receiving Party rightfully obtains from a third party who has the right to transfer or disclose it without violation of any confidentiality obligations; or (v) as demonstrated by competent evidence, has been approved for release to the general public by a written authorization of the Disclosing Party.
(*d) The Receiving Party will not at any time, directly or indirectly, sell, offer to sell, transfer, disclose or otherwise make available any Confidential Information of the Disclosing Party to any third party, including any corporation, governmental body, individual, partnership, association, or other entity, except as expressly permitted under Section P below and except as required by law, subject to Section 2(b) above. All Confidential Information disclosed by the Disclosing Party to the Receiving Party will at all times remain the exclusive property of the Disclosing Party, except as otherwise expressly set forth in Section P below. Except as otherwise expressly set forth in Section P below, promptly following termination of this Agreement, the Receiving Party must return all Confidential Information, and any copies thereof (including electronic copies), that were disclosed to the Receiving Party, or, if requested by the Disclosing Party, the Receiving Party shall destroy such
Confidential Information (in whatever form it may be stored) and certify such destruction in writing. The return and/or destruction of Confidential Information will not relieve the Receiving Party of any of its other obligations under this Agreement.