Terms of use

Please carefully review the Terms of Use and Privacy Policy of this website.

GENERAL

The Terms of Use explain the terms and conditions that govern your use of the website (www.everie.ca) (Site) and may be modified by Fluent Beverage Company (us, we, our) at any time. You should make sure that you read and understand the Terms of Use because it creates a binding contract between you and us.

CONSENT

Your use of the Site signifies your agreement to be legally bound to the Terms of Use and representation and warranty to us that you have the right, authority and capacity to enter into this agreement. If you do not agree to the Terms of Use, you may not use the Site.

ELIGIBILITY NOTICE – RESIDENCY AND LEGAL AGE OF CONSUMPTION

The Site and any related content are intended for use by Canadian residents. The Site and any related content may not be accessed or viewed by you if you are not of legal age to consume cannabis products in the jurisdiction in which you reside. You confirm that you are of legal age to consume cannabis products in the jurisdiction in which you reside and that you are not in a jurisdiction where the consumption of cannabis or the content of the Site is not permitted.

The Site and any related content are intended to comply with the laws and regulations in Canada. Your use of the Site may not be available or permitted in all jurisdictions and shall only constitute an “offer of solicitation” where permitted, and only to the extent permitted by law. Any offer for or message regarding any product or service made on this Site is void where prohibited. We reserve the right to limit and prohibit use of the Site, the provision of our products, services and content to any person, geographic region or jurisdiction and/or limit the quantities or any products or services we provide. The Site shall not be used where or to any extent such use is prohibited by law. You agree and confirm that your use of the Site is in full compliance with the laws of the jurisdiction(s) to which you are subject.

The Site may allow you to share content through this platform or through other applications or websites. Please only share our posts and other shareable content with those who are of legal age to consume cannabis products.

USER GENERATED CONTENT (UGC)

The Site may allow you to create or post user-generated content. You agree you are and shall remain solely responsible for the contents of any submissions you make. You agree to post content on the Site in compliance with the Terms of Use. We do not condone any user-generated content that promotes irresponsible cannabis consumption or that is otherwise vulgar or inappropriate. Any content of this sort will be deleted without further notice to you in our sole discretion. See the “Unlawful Behaviour” section below for additional details.

You acknowledge and agree that any communication or material you transmit to the Site in any manner and for any reason, may not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit through the Site may be used by us anywhere, anytime and for any reason whatsoever. Upon posting content on the Site, you grant us and our successors and assigns a non-exclusive, worldwide, royalty-free, perpetual right and licence under your copyright to use, adapt, publish, distribute, translate, reproduce and create works derived from or based upon such material in any and all media, without any duty to account to you. You irrevocably waive all of your moral rights as author in respect of such information, however arising.

Please do not submit any creative ideas, suggestions or materials (other than those specifically requested on the Site). If you submit your creative ideas, suggestions or materials, you agree not to assert any ownership right or legal right to or control over your submission (including, but not limited to, copyright, trademark, moral rights, or implied contractual rights) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, an acknowledgment or credit.

MODIFICATIONS TO TERMS OF USE

We reserve the right to modify the Terms of Use at any time and for any reason without notice or obligation to you. It is your sole responsibility to ensure you agree and comply with the Terms of Use as posted at all times. If you do not agree or do not intend to comply with the Terms of Use as posted, your sole remedy is to discontinue using the Site immediately.

Your use of the Site following the posting of any revised Terms of Use shall be deemed acceptance of the revisions, so we strongly recommend that you check back periodically for updates.

USE OF SITE AT YOUR OWN RISK

You acknowledge and agree that your use of the Site is at your own risk. This means that you agree that, except to the extent provided by legal principles that may not be waived, we, including our owners, officers, directors, employees, or anyone involved in creating, producing, or delivering the Site, are not liable for any damages whatsoever caused by your use of the Site. This includes damages that are direct, incidental, consequential, indirect or special, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise. You agree we are not liable regardless of whether such liability or damages arise in contract, tort, negligence, equity, statutorily or otherwise. You agree we are not liable for any such damages in connection with your access to, use of or browsing of the Site or in connection with any content, information, data, promotions or activities associated with the Site, or in connection with your downloading of any materials, text, data, images, video or audio from the Site. You agree we are not liable for damages caused by transmission defects, viruses, data breach, data theft or loss, bugs, human action or inaction, or phone line, hardware, software or program malfunctions, or any other errors, failures or delays of any kind.

The internet is not a secure medium, and the privacy of your communications and/or visits to the Site cannot be guaranteed. Your communications or information may be susceptible to data corruption, unauthorized access, data breach, theft or loss, interception and delays. We will not be liable for any damages you may suffer if you communicate confidential information over the internet or if we communicate such information to you at your request.

We may make changes to any aspect of the Site including the right to refuse or remove any of the content, whatever the source, without any notice of obligation to you.

PROPRIETARY RIGHTS

We are the owners of copyright and all other intellectual property in the Site. No portion of the Site, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without our prior written permission.

You acknowledge and agree that any name, logo, trademark or service mark contained on the Site is owned or licensed by us (or a parent company, affiliate or partner of ours) and may not be used by you without prior written approval. We will enforce our intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of our intellectual property may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyright, privacy rights or publicity rights.

PERMITTED USE OF SITE

Without in any way waiving any of our Proprietary Rights, you may download one copy of the material on the Site for your personal, non-commercial home use only, provided you do not delete, obstruct or change any copyright, trademark or other proprietary notices. You may not otherwise copy, reproduce, modify, collect, replenish, distribute or catalogue any of the Site without our prior written permission.

You may also have the limited ability to “share” content through a linked social media platform where such functionality is expressly provided by us in the Site through a “share” button or menu item, provided, however, that you hereby acknowledge and agree that all “sharing” of content shall in no way limit our ownership of copyright and all other intellectual property in this Site and/or effect the general limitations on your use of our content. You will not share content with individuals who are not permitted under applicable law to view such content.

You hereby agree that modification, reposting or use of any content on the Site in any other manner whatsoever and for any other purpose violates our legal and intellectual property rights.

UNLAWFUL BEHAVIOUR

You agree and confirm that you will not use the Site to do anything that causes any harm or that is illegal or otherwise unlawful, including without limitation communicating or transmitting any hateful, harassing, pornographic, obscene, profane, defamatory, libelous or threatening material, or material which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. You agree and confirm that you will not use the Site to communicate, depict or encourage the excessive, irresponsible or underage consumption of cannabis, the consumption of cannabis in general or an association between consumption of alcohol, cannabis and any skilled or dangerous activity. You will not disseminate the Site or any related content to individuals who are not permitted under applicable law to view such content.

The Site may contain integrated social media content, news feeds, bulletin boards, chat rooms, email, comment sections, or other message or communication functions (collectively, Forums). You agree to use the Site and the Forums only to send and receive material or post content that shall not, in any manner or to any extent, do any of the following:

commit any criminal or quasi-criminal offence including, without limitation, any pornography, hate, assault, or economic crime whatsoever;
discriminate, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
infringe, contravene, breach or otherwise interfere with or harm the rights of any other person including, without limitation, any contractual, personality, confidentiality, privacy, image, moral, statutory, common law or intellectual property rights;
upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of a computer or mobile device;
use any robot, spider, or other automatic device, or manual process to monitor or copy the web pages or the content contained at the Site;
attempt to obtain unauthorized access to the Site;
delete any author attributions, trademarks, trade names, logos, legal notices or proprietary designations or labels in any file;
falsify the origin or source of software, information or other material;
advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters; and
download any file posted by another user that you know (or reasonably should know) cannot be legally distributed in such manner.

You acknowledge and agree that all Forums are public. You acknowledge that chats, comments, postings, conferences, social media integrations and other communications by other users are not monitored, screened, sanctioned, approved or endorsed by us, and shall not be considered as such. You agree that we have the right to prevent, intercept, delete, remove, prohibit or otherwise restrict your access to, use of, or posting of content on the Site if we believe or determine that you have not fully complied or may not fully comply with any of the provisions of the Terms of Use or our Privacy Policy.

We and all other parties involved in creating, producing or delivering the Site assume no responsibility or liability arising from claims related to any of the above activities by other users.

LINKS TO THIRD PARTY SITES

Although the Site may be linked to other websites, we are not directly or indirectly implying any approval, association, sponsorship, endorsement or affiliation with the linked website unless we specifically say so in writing. You acknowledge and agree that we have not reviewed linked websites and we are not responsible for the availability and/or the content of any website which is not hosted by us. Following links to other websites is at your own discretion and risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance of any Third Party site. When you link to Third Party sites, the applicable Third Party terms and policies apply, including the third party’s privacy and data gathering policy.

You hereby release and forever discharge us and our affiliates, officers, directors, employees, agents, independent contractors, and other partners 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 Site users or Third Party Materials.

NO WARRANTY

Although the content in the Site is based upon reasonably current information and we make reasonable efforts to ensure that it is correct, accuracy cannot be guaranteed. This Site may include incomplete information, inaccuracies or typographical errors. For some information on the Site, we rely on other entities to provide content without any direct or independent authentication, verification, assessment or validation by us. You are solely and exclusively responsible for evaluating all information for yourself. The information included in the Site does not constitute, and shall not be considered, our advice, recommendation or endorsement.

The information and content in this Site is provided on an “as is” basis only, and is for consumer private and non-commercial general information and educational end use only. Except to the extent that such disclaimers are held to be legally invalid by a court of competent jurisdiction and to the fullest extent permitted by applicable law, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, quality, fitness for a particular purpose, accuracy, completeness, authenticity, validity, title or non-infringement, are completely denied and disclaimed.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

You expressly understand and agree that we are not responsible for any indirect, special, incidental, consequential, or punitive damages whatsoever and howsoever caused, arising out of or in connection with the use or misuse of the Site or in reliance on the content available on the Site, whether in an action of contract, civil liability, negligence, or other tortious action, even if we have been informed of the possibility of such damages or such damages are reasonably foreseeable.

You expressly understand and agree that, to the fullest extent permitted by applicable law, we and our affiliates, officers, directors, employees, agents, independent contractors, and other partners, shall not be responsible or liable for any claims whatsoever including, without limitation, damages for loss of use, data, profits, or other intangible losses, related to, or arising from, directly or indirectly, (1) your use or inability to use the Site; (2) your use of or reliance on the content contained in or through the Site; or (3) any other matter related to the Site.

From time to time, we may offer new “beta” features or tools with which our users may experiment on the Site. Such features or tools are offered solely for experimental purposes and without any representations, warranties, or conditions of any kind, whether express, implied or collateral, and may be modified or discontinued at our sole discretion. The provisions of this liability disclaimer section apply with full force to such features or tools.

You agree that we are not responsible for any incorrect or inaccurate information, whether caused by other users, or by the equipment or programming of this Site, or by any technical or human error which may occur. You agree that we are not responsible for any potential impact of any of the above-noted circumstances upon your participation in contests or promotions through the Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, wireless connections, mobile or cloud services, computer online systems, servers or providers, computer equipment, software, or failure of email or other communication, or any combination of these or other factors.

If, for any reason, the Site is not capable of running as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, data breach, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Site, we reserve our rights to cancel, terminate, modify or suspend the Site indefinitely or take any other action we deem necessary to protect our interests.

You agree and acknowledge that these limitations on liability are reasonable in the circumstances.

INDEMNITY FOR CLAIMS

You agree to release, indemnify, defend, and hold harmless us, and our affiliates, officers, directors, employees, agents, independent contractors, and other partners, for any claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) asserted by you and/or by any third parties relating to or arising, directly or indirectly, out of the use or misuse of the Site by you and/or any third party. We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.

You further confirm that you are strictly prohibited from knowingly damaging or interrupting the services on the Site, preventing others from using it, or obtaining or modifying another user’s information without consent. Should a claim be brought against us involving allegations of any such activity on your part, you agree to fully indemnify us for any and all costs, awards, penalties or damages resulting from the claim.

GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

You acknowledge and agree that, to the extent permitted by applicable law, the Site (including all transactions, contests, promotions or services offered or effected through it) and these contractual terms shall be construed and evaluated according to the laws of the Province of Ontario and the Federal laws of Canada applicable therein. You hereby agree and confirm that your use of the Site and all of the communications, transmissions and transactions associated with it shall be deemed to occur in the Province of Ontario.

To the extent permitted by applicable law, you hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum for any dispute arising from your use of the Site.

You acknowledge that any proceeding arising from your use of the Site must be commenced in the City of Toronto in the Province of Ontario regardless of where you may be located and regardless of the application of any conflicts of law principles. If you use this website from another jurisdiction, you are responsible for your compliance with any and all applicable local laws.

Nothing in the Terms of Use will prevent us from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.

LANGUAGE

It is the express will of the parties that these Terms of Use and any ancillary documents be written in English. Il est de la volonté express des parties que les présentes modalités d’utilisation et les documents y afférant soient rédigés en langue anglaise.

MISCELLANEOUS

You agree that if any part of the Terms of Use is determined to be invalid, or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in full force an defect.

Our failure to exercise or enforce any right or provision under the Terms of Use shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by us of any right or power hereunder preclude further exercise of that or any other right hereunder.

LAST UPDATED: July 25, 2019

Copyright 2019. All rights reserved.

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