Terms of Use

1. Introduction

These Terms of Use (these “Terms”) are a legally binding contract between StrainBrain Technologies Inc. (“StrainBrain”, “us”, “we” or “our”), on the one hand, and you and your successors and heirs (“you” or “your”), on the other hand.

2. Acceptance of the Terms, Additional Terms, and Privacy Policy

StrainBrain operates websites, portals, applications (including mobile applications), channels, software, widgets, social media pages, and channels (collectively, the “Websites”). The Website provides services to you in the form of quizzes, questionnaires, features, media, functions, content, tools, and links which are contained in or offered via the Websites (collectively, the “Services”). 

StrainBrain’s Services may also be embedded into sites owned by third parties (“Third Parties”) as widgets (“Widgets”). By using StrainBrain’s Services as a Widget on a Third Party’s websites, you agree to be bound by these Terms. Your access to or use of the Widget, may also subject you to the additional terms, conditions, policies, rules, and guidelines, which govern your access to and use of the Third Party’s websites (as applicable, the “Additional Terms”). The Additional Terms may be posted (via a link) on the applicable Third Party Website and may be modified from time to time. To the extent there is a conflict between these Terms and any Additional Terms for a Widget on a specific Third Party website, these Terms shall govern and take precedence over the Additional Terms specifically with respect to your use of, or access to, that Widget.

Please also review StrainBrain’s Privacy Policy (the “Privacy Policy”), which governs StrainBrain’s collection and use of your personal information.  Registration data and certain other information about you is subject to our Privacy Policy. You understand that through your access or use of the Websites (defined below) and any of our Services (defined below), 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 StrainBrain.

By accessing, using, or downloading any of the Websites, you hereby expressly acknowledge and agree to be bound by all of the terms and conditions of these Terms, the Additional Terms, and the Privacy Policy, all of which shall expressly govern your access to and use of the Website, the Widgets and the Services. If you do not accept and agree to these Terms, the Additional Terms, and/or the Privacy Policy, you may not access or use any of the Website, the Widgets or the Services. If you violate any provision of these Terms, the Additional Terms, and/or the Privacy Policy, StrainBrain may, in its sole discretion, suspend, or discontinue any aspect of your access to or use of the Website, the Widgets or the Services in whole or in part.

3. Changes to the Terms, Additional Terms, and Privacy Policy

From time to time, we may make changes to these Terms, the Additional Terms, or the Privacy Policy. When we make material changes, we will do our best to notify you by email, push notification, or in-app notification, or a prominent notice on our Websites. Continued use of any of the Website, Widgets, or Services following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

4. Eligibility

Our Website, Widgets, and Services are intended for adults who are of age of majority legally allowed to buy, use, and possess cannabis in their current jurisdiction (“Age of Majority”), and certain parts of our Website, Widgets, and Services require you to be at least the Age of Majority legally allowed to buy, use, and possess cannabis in your current jurisdiction to access and use our Website, Widgets, and Services. You may be asked to verify that you are over the applicable age limit during your use of the Website, Widgets, or Services and you hereby agree that you shall not misrepresent your age.

To access or use the Website, Widgets, or Services, you agree that:

1. You are at least the Age of Majority and able to form a legally binding contract;
2. You have not previously been suspended from using our Website or Services or, if you have previously been suspended, it was a temporary suspension that has now expired;
3. You will not take any action that may undermine the integrity of the systems of the Website, Widgets, or Services;
4. You will not interfere with or disrupt any Website processes, servers, or networks supporting the Websites and/or StrainBrain;
5. You will not use any robot, spider, scraper, survey, monitor, or other automated or similar means to access any web page or other asset contained in the Websites, Services, or Website Content (as defined below) for any purpose;
6. You will not bypass our robot exclusion headers, interfere with the working of our Services, features, or tools, or impose an unreasonable or disproportionately large load on our infrastructure;
7. You will not export or re-export any StrainBrain application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with all relevant posted rules and restrictions;
8. You will not export any Website Content out of the jurisdiction in which it is intended or displayed;
9. You will not access the Website, Widgets, or Services in order to build a similar or competitive Website or Service;
10. You will not circumvent any technical measures we use to provide Services; and
11. You will not assist any third party with any prohibited conduct above;
12. You will not use the Website or Services to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent, in which case Additional Terms will apply.

5. Electronic Communications

By accessing or using the Website, Widgets, or Services, you consent to receiving communications from us electronically if you provide us with your contact information. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages on the Websites or through any of the Services. By accessing or using the Website, Widgets, or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Disclaimers and Acknowledgments

1. StrainBrain Is A Technology Platform

The Third Party’s websites who embed the Services are solely responsible for ensuring that their products or services are offered in a safe, legal, and compliant manner. StrainBrain has no responsibility or liability for any products or services offered by any Third Party’s websites. Nor does StrainBrain have any responsibility or liability for any reviews or statements posted on the Third Party’s websites regarding any products or services offered therein.

You expressly agree and acknowledge that StrainBrain (i) is a technology platform and product recommendation engine; (ii) is not a cannabis or cannabis related retailer, cultivator, processor, seller, or brand; (iii) does not itself, provide sales, pickup services, distribution or delivery of any cannabis or cannabis related product, nor does StrainBrain itself process payments for cannabis; (iv) does not itself cultivate, manufacture, package, label, test, or sell cannabis or cannabis related product; and (v) does not independently verify the credentials or representations of any of the Third Parties, the authenticity or quality of any of their products or services, or any Retailer’s compliance with any applicable laws.

You must make yourself comfortable through the information provided by the Third Parties by contacting the Third Parties directly as to the quality and reliability of the Third Parties and the Third Parties’ compliance with applicable law. StrainBrain is not responsible for guaranteeing the quality of any Retailer or any cannabis-related product, or any Retailer’s compliance with applicable law. In addition, a Retailer may represent certain standards with respect to their cannabis products (or other services), such as labeling such products as “organic”, “pesticide-free”, achieving a certain potency level, undergoing certain testing procedures, fungus levels, containing specific terpene or cannabinoid profile or contents (including THC or CBD levels), having certain medicinal or other effects, or otherwise. This information may be used by StrainBrain to provide our Services, however StrainBrain does not investigate or verify any such statements. 

2. Your Jurisdiction’s Laws

You understand that: (i) aspects of this Website and the Services, may be illegal in the province, country, state, city, county, municipality, or jurisdiction in which you are located (“Your Jurisdiction”); and (ii) you are responsible for ensuring that it is lawful for you to access and use this Website and Services (including as a Widget in Third Party’s websites) in Your Jurisdiction. If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Website or the Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into this agreement or use this Website or the Services. By using this Website you are explicitly stating that you have verified in Your Jurisdiction that your use of this Website and the Services is allowed. In all scenarios, you must abide by and follow the applicable laws of Your Jurisdiction in order to use the Websites and/or Services. You expressly acknowledge, understand, and agree to assume full responsibility for cooperating with the laws of Your Jurisdiction while using the Websites and/or Services.

3. No Health Information

You expressly acknowledge, understand, and agree that any statements relating to cannabis goods, accessories, or any other products displayed on the Websites have not been evaluated by any governmental authorities or regulators. Neither the products nor the ingredients in any of the products have been approved or endorsed by any government or regulatory agency. The products displayed on the Websites or recommended by the Services are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided by the Services is designed for recreational and educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, diagnosed with epilepsy, a heart condition, allergies or have a medical condition (hereinafter collectively referred to as “Medical Conditions”), we suggest consulting with a physician before using any products displayed on the Websites. Under no circumstances should any such information provided by the services be used for the diagnosis or treatment of any Medical Condition. Seek the advice and assistance of a physician or trained health professional before using any product displayed through the Services. If you believe or suspect that you have a Medical Condition, promptly contact your doctor or health care provider.

1. StrainBrain’s Right To Terminate Your Access to Our Services 

You fully acknowledge, understand, and agree that StrainBrain may, under certain circumstances and at any time without prior notice, immediately suspend or terminate your access to the Websites, Services, Widgets and any other related or affiliated applications, functions, and tools. Cause for account suspension or termination shall include, but not be limited to: (i) breaches or violations of these Terms, the Additional Terms, or the Privacy Policy or other incorporated agreements, guidelines, or rules; (ii) requests by law enforcement or other local, provincial, state, or federal government agencies or divisions; (iii) any attempts to breach our security, private accounts, or other protected content on the Websites; (iv) discontinuance or significant modification to the Website, Widgets, or Services or any related or affiliated website owned and/or operated by StrainBrain (or any part thereof); (v) unforeseen technical, electronic, mechanical, or other difficulties or security issues; (vi) prolonged inactivity of your account, which shall be determined by StrainBrain in its sole discretion; (vii) knowing, willing, and/or negligent engagement by you in any form of deceitful, fraudulent, counterfeit, or illegal activities; and/or (viii) failure by you, or by your representatives, to pay in full any fees owed by you in connection with the Website, Widgets, or Services.

7. Licensing and Intellectual Property

For purposes of these Terms: (i) “Content” means all text, images, photos, audio, video, graphics, reviews, location data, questionnaire submissions, product recommendations, quizzes, questionnaires, and all other forms of data, communication, or media; (ii) “User Content” means Content that users submit or transmit to, through, or in connection with the Website, Widgets, or Services, such as cannabis preferences, moods, cannabis usage, and other questionnaire submissions, as well as any results, ratings, reviews, and information that such user submits or chooses in the questionnaires or quizzes; (iii) “StrainBrain Content” means Content that we create or is otherwise owned by us or licensed to us that we make available in connection with the Website, Widgets, or Services; (iv) “Website Content” means all of the Content that is made available in connection with the Website, Widgets, or Services.

2. By submitting User Content, you represent, warrant, and covenant:

1. That you are entirely responsible for anything you submit to the Website, Widgets, or Services and agree that StrainBrain does not have to post or keep posted anything you provide;
2. That you will not impair or harm any of our computer or related systems or transmit software viruses, worms, Trojan horses, malicious code, spyware, malware, or other computer code or damaging files;
3. That you are at least of the Age of Majority and you acknowledge that persons under legal age may not submit User Content to StrainBrain, the Websites, or the Services; and
4. That StrainBrain may, in its sole discretion, monitor and remove the User Content you submit and any other communications that you may have, but is under no obligation to do so.

3. Disclaimer Regarding User Content

By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content: (i) contains material that is false, intentionally misleading or defamatory; (ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains material that is offensive and/or unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.

Similarly, by using the Websites and Services, you acknowledge that you may encounter User Content that, for example: (i) contains material that is false, intentionally misleading or defamatory; (ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains material that is offensive and/or unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.

We do not represent that the materials in the Website, Widgets, or Services are appropriate or available for use in any particular location. 

4. Limited License Granted By StrainBrain

Subject to your compliance with these Terms, the Additional Terms, and the Privacy Policy, StrainBrain grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Websites and Services. This license does not include: (i) any resale or commercial use of the Website, Widgets, or Services, or their contents; (ii) any collection, scraping, downloading, reproducing, distributing, copying, or use of any product or StrainBrain client listings, descriptions, prices, or any other Website Content; (iii) any derivative use of any of the Website, Widgets, or Services or Website Content; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms, the Additional Terms, or the Privacy Policy are reserved and retained by StrainBrain. You may not use any meta-tags or any other “hidden text” utilizing StrainBrain’s name or trademarks or other IP Rights without the express written consent of StrainBrain. The licenses granted by StrainBrain shall immediately terminate should you fail to comply with these Terms, the Additional Terms, or the Privacy Policy.

Subject to these Terms, the Additional Terms, and the Privacy Policy, StrainBrain grants you a non-transferable, non-exclusive license to install and use the software StrainBrain makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App (“App Platform”). You acknowledge that these Terms concern you and StrainBrain, and not the App Platform. The App Platform is not responsible for the Mobile App, the content therein, maintenance, support services, and warranty therefore. Each App Platform may have Additional Terms to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform.

5. License Granted By You

As between you and StrainBrain, you retain ownership of the User Content that you submit, provide, or otherwise make available on or through the Website, Widgets, or Services. However, by submitting your User Content, you hereby grant StrainBrain and all Websites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable, and transferable rights and licenses:

1. To host, cache, store, archive, index, crawl, create algorithms based on, modify, or transcode your User Content to media formats, standards, or mediums in any and all forms and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
2. To use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, commercialize, publicize, display, modify, adapt, edit, excerpt, communicate, translate, analyze, remove, prepare derivative works and compilations of, compress, transmit, integrate, insert, market, and promote your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
3. To use your User Content, in whole or in part, for advertising, promotional, or commercial purposes, including without limitation, the right to publicly display, reproduce, and distribute your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom
4. To grant any rights or licenses to any third parties to do any of the foregoing in the above clauses (1) – (3) in connection with their own websites and media platforms; and
5. To enforce copyright, trademark, trade secret, and other intellectual property related claims against third parties that have, without receiving proper authorization, scraped, manipulated, copied, derived, distributed, or otherwise improperly or illegally used and benefited from User Content that has been provided to StrainBrain by you.

You irrevocably waive, and cause to be waived, against StrainBrain and its users, any claims and assertions of moral rights or attribution with respect to your User Content.

You hereby grant StrainBrain the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our application programming interfaces by you or by any third party on your behalf (“Licensed Data”) for any purpose relating to any of the businesses of StrainBrain or for any purpose relating to the Website, Widgets, 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 StrainBrain shall be owned exclusively by us.

6. StrainBrain’s Ownership of StrainBrain Content

We own the StrainBrain Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, the Widgets, 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 Material (as defined below). We also 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 StrainBrain Content, the Websites, the Widgets, and the Services, which are protected by copyright, trade secret, patent, trademark, and all other applicable intellectual property and proprietary rights and laws. For the avoidance of doubt, the IP Rights owned by StrainBrain includes all metadata or compilation data generated from the Websites, the Widgets, or Services (including using or derived from user inputs to the Websites, the Widgets, or Services, pricing, sales and inventory data, or User Content). As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the StrainBrain Content, Website, Widgets, or Services, or any of the IP Rights of StrainBrain, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights relating to the StrainBrain Content, the Websites, and the Services, and all such rights are retained by us.

7. Third-Party Materials

The Websites, the Widget, or the Services might display, include, or make available Third-Party Content (including data, information, links, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for Third-Party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that StrainBrain is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. StrainBrain does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material. 

The Websites, the Widget, or the Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the “Third-Party Offers”). StrainBrain displays these Third-Party Offers on the Websites and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Third-Party 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 Website, Widgets, or Services. The Offeror, and not StrainBrain, is solely responsible for: (i) redemption of the Third-Party Offer; (ii) compliance of all aspects of the Third-Party Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (iii) all goods and services it provides to you in connection with the Third-Party Offer; and (iv) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether or not related to the use or redemption of a Third-Party Offer.

8. Indemnification and Release

If there is a dispute between You and the Third Parties, you understand and agree that StrainBrain and its affiliates are under no obligation to become involved in such a dispute.

You agree to indemnify and hold StrainBrain and its affiliates (and their respective owners, directors, managers, officers, partners, employees, independent contractors, agents, successors and assigns) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including but not limited to reasonable legal fees and court costs) known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or relating to: (i) your use or misuse of the Website, Widgets, or Services; (ii) your User Content; (iii) your breach or violation of these Terms, the Additional Terms, or the Privacy Policy; (iv) your violation of applicable laws or regulations; or (v) your usage of any of the products listed on the Website, Services or Widgets.

StrainBrain will use reasonable efforts to notify you of any such claim for which StrainBrain seeks indemnification hereunder upon becoming aware of it; provided, that the failure to provide such notice shall not relieve you of your obligation to provide indemnification hereunder. StrainBrain reserves the right, at your expense, to assume the exclusive defense and control of any such matter for which you are required to indemnify us or any other indemnitee hereunder, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of StrainBrain.

You hereby release and forever discharge StrainBrain (and its owners, directors, managers, officers, partners, employees, independent contractors, 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), arising out of or relating to any interactions with, or act or omission of, other Website, Widgets, or Services or Third-Party Materials or Third Party’s websites or Third Parties.

8. Governing Law 

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

9. Severability / No Waiver

If any provision of these Terms is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the these Terms shall continue in full force and effect.

9. Disclaimer Of Warranties

You expressly acknowledge, understand, and agree that:

1. To the maximum extent permitted by law, the entire risk arising out of your access to and use of the Websites and Services, is assumed by you and remains with you.
2. THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS”, AND "AS AVAILABLE" BASIS. StrainBrain and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and quality of service, or any other potential or actual warranty of any kind.
3. StrainBrain and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents make no guarantee or warranty that: 

1. the Websites and Services will satisfy your needs and requirements or will be compatible with your equipment; 
2. the Websites and Services, and in particular the Widget and all affiliated websites, Third Party’s websites, features, services, communications, and applications, will be comprehensive, uninterrupted, timely, secure, or error-free, or be free from loss, destruction, corruption, online attack, viruses, worms, or other invasive, harmful, or corrupted or other related intrusions; 
3. the information, data, or results realized or obtained from your use of the Websites will be accurate, up to date, satisfactory or reliable or fit or useful for any specific purpose; 
4. the quality or value of any properties, services, products, information, or other materials purchased or obtained by you through the Third Parties, the Widgets, the Website, Widgets, or Services will meet your expectations or your requirements for accuracy, integrity, quality, safety, legality, morality, and/or authenticity;
5. accuracy, integrity, quality, safety, legality, morality, and/or authenticity of such content
6. that any offer made or message sent will be successfully transmitted, received, and processed; and 
7. any errors in the guidelines, software, or protocols will be corrected or resolved.

4. StrainBrain is unable to guarantee consistent, continuous, or secure access to its websites, applications, services, programs, content, and network, and operation of the Websites and Services may be interfered with or delayed by numerous potential factors outside of StrainBrain’s control.
5. Any product or program downloaded or otherwise obtained through the use of the Websites and Services is accessed at your own discretion and risk, and you will be solely responsible and fully liable for any damage to your computer system or mobile device, loss of data, or any other loss or damage that results from the download or use of any such product, material, application, feature, or other program.
6. All content, guidelines, or related content, whether oral or written, obtained by you from StrainBrain or from the Websites, Services, the Widgets, or relevant social media pages is intended for recreational and informational purposes only. Such information is not intended to be legal advice and/or medical advice, diagnosis, or treatment. You should consult an licenced lawyer for legal advice regarding your individual situation and/or a doctor or other qualified health care provider if you have any questions about any medical conditions.
7. No information, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from StrainBrain or from the Websites, Services, Widgets, or relevant social media pages shall create any warranty, guarantee, or strategy not expressly stated in these Terms.

10. Limitation Of Liability

You expressly acknowledge, understand, and agree that:

1. StrainBrain and its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall bear no liability whatsoever, whether in contract, warranty, tort (including negligence), product liability, or any other legal theory for any costs or damages of any kind resulting from your usage of any of the products listed on the Website, Services or Widgets, technical disruptions, computer malfunctions, computer viruses, third-party modifications to the Website, Widgets, or Services, or any other event beyond StrainBrain’s reasonable control.
2. StrainBrain and its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall not be liable to you (or any third party you represent) for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, or other damages, including, but not limited to, computer damage or system failure, damages for loss of opportunity, reputation, profits, goodwill, use, valuation, tax benefit, data, or other intangible losses (even if StrainBrain has been advised of the possibility of such damages) arising out of or related to: (a) these Terms, the Additional Terms, and the Privacy Policy; (b) the use of or the inability to use the Website or Services; (c) the cost to procure substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages, e-mails, reviews, postings, comments, or other communications received, or transactions entered into via the Website, Widgets, or Services; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on the Websites; (f) the failure of the network or the Websites to timely process an offer; (g) any other matter relating to the Website, Widgets, or Services; or (h) your usage of any of the products listed on the Website, Services or Widgets
3. Neither StrainBrain nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors is a party to any transactions made between you and the Third Parties. Neither StrainBrain nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall be liable for any defaults, costs, the contents of any documents, or interactions between or among users and Third Parties, and all related parties.
4. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE AMOUNT OF OUR TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE ADDITIONAL TERMS, THE PRIVACY POLICY, OR YOUR USE OF THE WEBSITES OR SERVICES (OR RELATED TO OUR PROVISION OF SERVICES OR PERFORMANCE OR NONPERFORMANCE OF OUR OBLIGATIONS) IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) $100.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and StrainBrain. Some provinces, countries, states, counties, or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other related damages or losses. Accordingly, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.

11. Choice Of Law; Venue

These Terms, the Additional Terms, and the Privacy Policy shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. 

12. Entire Agreement

These Terms, in addition to any applicable Additional Terms and the Privacy Policy and any other agreements between you and StrainBrain with respect to the Website, Widgets, or Services, constitute the entire and exclusive understanding and agreement between you and StrainBrain regarding the Websites and Services, and these Terms supersede and replace any and all prior Terms of Service for any of the Website, Widgets, or Services.

13. No Waiver

The failure of StrainBrain to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of StrainBrain. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

14. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and StrainBrain.

15. Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Sites or Services signifies your explicit consent to this waiver. 

16. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of service, the sites, or services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

17. Support Or Maintenance

You acknowledge and agree that StrainBrain will have no obligation to provide you with any support or maintenance in connection with the Website, Widgets, or Services.

18. Severability

If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.

19. Captions

The section titles in these Terms are for convenience only and have no legal or contractual effect.

20. Contact Us

For questions about the StrainBrain’s Websites or any of the Services we provide, please feel free to contact us at contact@strainbra.in​.