Effective: This Terms of Use was last updated on August 12, 2022

Welcome to Terrasana Dispensary, operated by Terrasana Management, LLC (“Terrasana”, the “Company,” “we,” “us”, or “our”).

These Terms of Use (also referred to as the “Agreement”) apply to any activity or access you make with our website, located at www.terrasanacannabisco.com. (the “Site”), when you place an order with us via the Site, in person at one of our locations, or when you otherwise communicate with us about our products or services, including through email and text message/SMS (collectively, our “Services”). Use of our Site and/or of our Services is governed by, and subject to these Terms of Use. Our Privacy Policy

is incorporated into these Terms of Use. By accessing our Site or otherwise engaging our Services, you are agreeing to all of the terms set forth in these Terms of Use and the Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR OTHERWISE USE OUR SITE OR SERVICES.

Eligibility and the Protection of Children

To access our Site or to otherwise engage us in regards to our Services, you must be 21 years of age and either possess a valid medical marijuana card or be a medical marijuana healthcare provider to someone who possesses a valid medical marijuana card.

You must be 18 to access our Site and/or our Services. We do not knowingly collect information from anyone under age 13. If you are under the age of 13, do not use the Site, do not access our Services, and do not register with, order or purchase from, or provide any Personal Information to, us. If we find out that we have collected information from a minor under age 13, we will take all commercially reasonable steps delete that information immediately.

This Agreement is subject to change by the company at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following the company’s posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Federal Cannabis Regulations

Marijuana remains a Schedule I drug. The cultivation, processing, sale, and possession of marihuana and products are illegal under the federal laws of the United States and certain state laws. All company marijuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold are not intended for resale or interstate transport.

Updating These Terms of Use

We reserve the right, at its discretion, to change, delete, and update these Terms of Use and any other policies that govern or relate to the Site and/or our products at any time, for any reason, and in our sole discretion. We also reserve the right to discontinue the Site, any portion of the Site, any products, and/or to terminate your access to or use of the Site and/or the Services. It is your responsibility to periodically review these Terms of Use for changes. Any amendments and modifications by us will be prospective, and unless otherwise provided in these Terms of Use, will be effective upon being posted on the Site. These Terms of Use can be accessed from the link at the bottom of web page accessible at the Site. Your access and/or use of any of the Site after terms of these Terms of Use are amended or updated shall be deemed acceptance of all such changes.

Notice Regarding Medical Advice

The information on the Site is not intended to provide medical (including prescriptive drug or other wholistic treatment) nor legal advice. Information on the Site is not intended to assess, diagnose, nor specifically treat any individual’s medical problems or concerns. The Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider.

Limited License

Subject to the terms of these Terms of Use, we grant you a limited, non-exclusive license to access and use the Site and Services for your non-commercial, personal and informational use and/or to obtain products, services, rewards or information from us. You may not use any part of the Site and Services for commercial purposes, to compete with us in any way (either directly or indirectly) or to harm us in any way.

Access and Retention

To access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or another access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

Commercial Use of Service

If you are using the Service and/or accessing the Site on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant all of the following:

• You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
• You have read and understand this Terms of Service and the Privacy Policy
• You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Site and/or Services include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Site, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Site in any fraudulent or misleading manner, any automated use of the system, such as scraping the Site, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site, and using the Site in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Site may be investigated, and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress. Use of the Site and/or of the Service is with the permission of the Company, which may be revoked at any time, for any reason at the Company’s sole discretion.

Account Security

If you register for an account with us via our Site, you are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify the Company of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your company account.

Phone/Text/SMS Communications

With your consent, we may collect text/SMS information to communicate with you via phone, text and/or SMS. Electronic communication is the most effective and timely way to provide the users of the Site and services with any optional or required notifications and disclosures. In some circumstances, however, applicable laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. You may opt out of receiving these promotional communications from us by following the instructions in those communications (such as by texting “STOP” in response to a text message you receive) or by contacting us at the contact information provided above. Even if you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

For users in the United States, through our Privacy Policy, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request paper copies of any electronic notifications you receive, you may contact us. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with internet access and an email account. You may opt out of receiving these promotional communications from us by following the instructions in those communications (such as by texting “STOP” in response to a text message you receive) or by contacting us at the contact information provided above. Even if you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from or on behalf of the Company.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by the Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Your Use of the Site

You may not browse or download illegal content.

• You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Site unless given express permission by us.
• You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute, or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Use, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
• You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Site’s offering.
• You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
• You must not employ the use of bots, botnets, scripts, apps, plugins, extensions, or other automated means to register accounts, log in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Site.
• You must not alter or remove, or attempt to alter or remove, any trademark, copyright, or other proprietary or legal notices contained in, or appearing on, the Site or any Content appearing on the Websites (other than Your Content).
• You must not, and must not permit any third party to, copy or adapt the object code of the Site, or reverse engineer, reverse assemble, decompile, modify, or attempt to discover any source or object code of any part of the Site, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
• You must not use the Site to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

(i)        Any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on the grounds of race, gender, religion, or sexual orientation, or is otherwise objectionable in our sole and reasonable discretion;

(ii)        Any information, Content or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

(iii)       Any Content that violates, breaches, or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in our sole and reasonable opinion;

(iv)      Any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Site  or servers or networks forming part of, or connected to, the Site, or which does or might restrict or inhibit any other user’s use and enjoyment of the  Site; or

(v)       Any unsolicited or unauthorized advertising, promotional messages, spam, or any other form of solicitation.

• You must not commit or engage in or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.
• You must not rent, sell or lease access to the Site, or any Content on the Site, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
• You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages, making comments using the name of another person.
• You must not stalk, exploit, threaten, abuse, or otherwise harass another user or any of our employees. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership, and you will not be entitled to any refund of unused subscription fees.
• You must not sell or transfer, or offer to sell or transfer, any company account to any third party without our prior written approval.
• You must not collect or attempt to collect personal data or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
• You must not violate, circumvent or attempt to violate or circumvent any data security measures we employ or that any Uploader employs; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Site or the Services by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies under these Terms of Service, we reserve the right to investigate any situation that appears to involve any of the above and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions and acknowledge and agree that we have the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

Representations and Warranties

You hereby represent and warrant to us as follows:

Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents, and permissions necessary in order to use, and (if and where relevant) to authorize us to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Site, any and all Services and any third party services.

Your Content and the availability thereof on the Site does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

You have obtained any and all necessary consents, permissions, and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance, or likeness in Your Content and to publish the same on the Site and via any third party services.

Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on the grounds of race, gender, religion or sexual orientation.

Your Content does not and will not create any liability on our part of our subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and/or shareholders.

We reserve the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties or otherwise infringes another person’s rights or violates any law, rule or regulation.

Term

This Agreement will remain in full force and effect while you use the Site and/or Service. You may terminate your account at any time by contacting us at hello@terrasanacannabisco.com. If you resign or cancel your account to the company, to help the company analyze and improve the service, you may be asked to provide a reason for your termination.

We may terminate your account or your access to the Site or Services for any reason by sending notice to you at the email address you provided when setting up your account or such other email address as you may later provide to us. All decisions regarding the termination of Accounts shall be made at our sole discretion We are required to provide you notice prior to terminating your account or access to the Site or Service. We are not required, and may be prohibited, from disclosing a reason for the termination of your account or access rights. Even after your account and/or access is terminated, this Agreement and our Privacy Policy remain in effect. All terms that by their nature may survive termination of this Agreement and our Privacy Policy shall be deemed to survive such termination.

Blocking of IP Addresses

To protect the integrity of the Site and Services, we reserve the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

Data Security

Security is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of our Service demonstrates your assumption of this risk. As a result, you use the Site at your own risk. When registering with us on the Site, we encourage you to choose passwords of sufficient length and complexity, install the latest security updates and anti-virus software on your computer to help prevent malware and viruses, not share your password with others, and review your account information periodically. If there is any unexpected activity or inaccurate information or if you have reason to believe that your information is no longer secure, please contact us using the contact information provided herein.

Proprietary Rights

The Site contains the copyrighted material, trademarks, and other proprietary information of us and our licensors. We (a) own or license all of the content, materials, and other intellectual property related to the Site, including, without limitation, all trademarks, logos, text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, look and feel, compilation, titles, words or phrases, page headers, service names, advertisements, promotions, trademarks, patents, and copyrights (collectively, “Materials”); and (b) expressly reserve all right, title and interest in and to the Materials. You have no rights to use the Materials except as expressly set forth in these Terms of Use. Any use of the Materials that is not expressly authorized by these Terms of Use is prohibited.

Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on the Site is proprietary. Distribution of Materials to others is strictly prohibited. You agree that we would be irreparably harmed by any violation or threatened violation of this section and that, therefore, we shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

We may provide links to third-party websites, and some of the content appearing on the Site may be supplied by third parties. However, we have no responsibility for these third-party websites nor for their content, which is subject to and governed by the Terms of Use and/or Privacy Policy if any, of the applicable third-party content providers.

Ownership of Your Content; Licenses

You agree that any content you upload to the Websites and/or the Service (“Your Content”) shall become the property of the company. This shall have no effect on the Copyright Policy, Limitation of Liability, and Indemnity by You of this Agreement.

However, with respect to Your Content, we grants you a worldwide, royalty-free, and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use account.

Any Content other than Your Content, however, is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights, or other intellectual property or proprietary rights. Content other than Your Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Site from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the user who uploaded it to the Site. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.

Restrictions on Use of Materials. You acknowledge that the Site contains images, text, and other content (collectively, “Intellectual Property”) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on the Site are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

Copyright Policy and Digital Millennium Copyright Act Compliance

We prohibit the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

Terrasana Cannabis Co.
ATTN: Copyright Officer
2025 Riverside Dr, Suite 207, Columbus, Ohio, USA 43221

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write us at the address shown above, giving a written statement that contains:

• Identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
• Identification of the allegedly infringing material on the Site that is requested to be removed;
• Your name, address, and daytime telephone number, and an e-mail address if available;
• A statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
• A statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
• The signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

We will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

Fair and Truthful Advertising

We endeavor to engage in truthful and transparent methods of advertising and expects users of the Site to do the same. If you provide any endorsements or testimonials on or through any of the Site or our social media accounts, you must provide only your honest opinions and experiences. If you are an employee of the Company, or if you receive any compensation, free products or services, or any other value from us, you must disclose that with any testimonials or endorsements you may provide on or through the Site.

Liability for Content

You hereby acknowledge and agree that we (i) store Content and other information at the direction, request and with the authorization of its users, (ii) act merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) play no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Site, and to the extent permissible by law, we exclude and disclaim all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that we cannot and do not review the Content created or uploaded by its users, and neither we nor our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders have any obligation, and does not undertake or assume any duty, to monitor the Site for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

We and our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude and disclaim, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Site by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to the publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Site. By using the Site, you irrevocably waive the right to assert any claim with respect to any of the foregoing against us or any of our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Repeat Infringers

We will suspend or terminate your access to the Site if we determine, in our sole and reasonable discretion, that you have repeatedly breached these Terms of Use.

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Use, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Site terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as we determine in our sole discretion.

Limitation of Liability

In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Site or Service, or use thereof. Nothing contained in the Site or in any written or oral communications from us or our employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Site and the Services provided by us is offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Site’s content or that the functionality of the Site will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Site  and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF UPTOP DISPENSARY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that our entire aggregate liability and sole remedy available to you in any case in any way arising out of or relating to the Agreement, Privacy Policy, Site or Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by you to us during the six months prior to notice to us of the dispute for which the remedy is sought.

Indemnity by You

You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

• Your use of the Service and/or Site in violation of this Agreement and/or arising from a breach of this Agreement, including without limitation your representations and warranties set forth above;
• Any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Site,, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Site or Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content; or
• Any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of us.

Attorney Fees

In the event that we are successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for our reasonable attorneys’ fees and costs.

No Rights of Third Parties:

These Terms do not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Service.

Jurisdiction and Choice of Law; Dispute Resolution

If there is any dispute arising out of the  Site and/or the Service, by using the Site and/or our Services, you expressly agree that any such dispute shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the Ohio, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Ohio with the same force and effect as if such service had been made within the State of Ohio.

You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested, which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Arbitration Provision/No Class Action

Except where prohibited by law, as a condition of using the Site  and/or our Services, you agree that any and all disputes, claims, and causes of action (collectively, “Claim”) arising out of or connected with the Site and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Ohio. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Ohio.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

Availability Outside the U.S.

If you access the Site or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Site or Services from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us at our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

Entire Agreement

This Agreement along with our Privacy Policy contains the entire agreement between you and the Company regarding the use of the Site and/or the Service.

Severability; Waiver

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.

Contact Us

For questions or concerns relating to these Terms of Use, we can be contacted at

hello@terrasanacannabisco.com

2025 Riverside Dr, Suite 207, Columbus, Ohio, USA 43221