THE INFORMATION, ACTIVITIES AND RECOMMENDATIONS DESCRIBED ON THE MCN WEBSITE ARE INTENDED FOR USE ONLY IN JURISDICTIONS WHERE SUCH ACTIVITIES ARE LEGAL. MCN STRONGLY DISCOURAGES ALL ILLEGAL ACTIVITIES AND ANY USE OF THE MCN WEBSITE AND ALL MCN SERVICES AND PRODUCTS IS STRICTLY PROHIBITED IN ANY JURISDICTION WHICH HAS NOT LEGALIZED MEDICAL MARIJUANA.
THE CONTENTS OF THE MCN WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR CERTIFIED HEALTH PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
1. Services Offered by Medical Consulting Network
1.1 The MCN Website is an online community, directory, and communications platform which facilitates the exchange of information between and among:
(a) persons considering, seeking, or receiving medical marijuana treatments (where permissible under applicable law),
(b) doctors and clinics who may treat or assist such persons,
(c) providers of medical marijuana, and
(d) other related suppliers or interested parties, regarding the availability and quality of medical marijuana treatments, services offered, and such persons’ experiences, opinions, and feedback regarding the foregoing.
We reserve the right to remove or add topics and services, or modify how they are used or displayed, in our sole discretion. Use of the MCN Website is strictly limited to jurisdictions in which the foregoing activities are legal. MCN reserves the right to commence charging users or advertisers, or to change the pricing or pricing structure, at any time for any service or feature offered by MCN or through the MCN Website. You attest that, in your capacity as a user of the MCN Website or any MCN service, you are not an employee or agent of any media or law enforcement agency, and that the recording (in any form or medium) of any interaction with MCN or the MCN Website, or any physician consultation, may be a violation of privacy rights or state or federal law. MCN does not grant permission to record any such interaction.
1.3 Except when otherwise expressly stated by MCN, you agree that MCN has no responsibility for:
(a) the content or accuracy of any listing, advertisement, offering, or other materials regarding third parties, or the quality or availability of any product or service advertised within a listing, advertisement, offering, or such other materials or
(b) any user or member posted opinions, statements, or other content.
Much of the content and information posted on the MCN Website is provided by third parties and the opinions and statements appearing on the MCN Website are not those of MCN or its management, and MCN bears no responsibility for the accuracy or content of any such material. You expressly release MCN and its officers, directors, employees, and agents from any liability or obligation relating to such third party opinions, listings and other statements. The MCN Website provides a public forum for the exchange of opinions regarding certain products and services, and you acknowledge that others’ opinions may differ from your own and that the contents of any such opinions or assertions shall not give rise to any claim or right against MCN, its sponsors, affiliates, officers, directors, employees, or agents, each of which you expressly hereby waive.
1.4 Most of the information and materials published on the MCN Website are not provided by medical professionals and are intended only to complement, and not to replace or contradict, any health or medical advice or information provided by healthcare professionals. If you have any questions, please contact your doctor or other healthcare professional.
1.5 You acknowledge and agree that if you provide MCN or the MCN Website with personal health information such as health condition, medical history, treatment history, history of use of, or eligibility for treatment with, medical marijuana, and other such information (“PHI”) that MCN will use, provide, and disclose such PHI for the purposes for which it was provided, including without limitation that
(a) if PHI is provided in conjunction with a request for an appointment or consultation with a doctor, clinic, medicine provider, or other third party (or otherwise in response to a listing, offering, or advertisement) that such PHI will be provided to the doctor, clinic, medicine provider, or other third party as part of the request or response; and
(b)if a doctor, clinic, or medicine provider provides PHI about a patient pertaining to eligibility for medical marijuana treatments or related information, such information will be posted and made available as part of MCN’s medical marijuana recommendation certification service (the “Certification Services”), accessible on the MCN Website by patient ID (such as drivers’ license) number and recommendation number, as consistent with the uses and disclosures thereof as presently conducted on the MCN Website.
1.6 You may be required to submit certain information in conjunction with qualifying or registering for an MCN service, in requesting an appointment with a physician or other party through MCN, or during your consultation with a physician or other caregiver. You agree to provide truthful, accurate, and not misleading information during all such processes, and you attest that:
(a) the information you provide is and will be correct and that any medical history presented or discussed with any physician (or other party whom you contact through MCN) is and will be entirely factual and complete, each to the best of your knowledge; and
(b) you will not use any physician’s recommendation for the purpose of illegally obtaining medical marijuana. You also understand that you must be a resident of a state which has appropriate legal provisions to accommodate the use of medical marijuana to be eligible to do so.
Providing fraudulent information or attempting to fraudulently obtain medical marijuana, including misrepresentation of your state of residency, medical records, history, condition or intentions, is illegal and may subject you to civil and/or criminal liability. MCN is neither providing medical marijuana, nor does MCN encourage any illegal activity in obtaining medical marijuana. You agree not to use the MCN website or any MCN service for the purpose of illegally obtaining, growing, or distributing medical marijuana.
1.7 You agree that we may in our sole discretion, without notice of any sort, but have no obligation to:
(a) modify from time to time the design and functionality of the MCN Website and all services we offer;
(b) reasonably edit listing, advertisement or offering copy or user submitted information or content;
(c) reasonably review, approve, edit and modify other data and content submitted by doctors, clinics, dispensaries, advertisers, listing owners, and users; or
(d) reformat materials submitted for the purpose of display on the MCN Website or uniformity with other listings.
1.8 You hereby acknowledge and agree that you have been advised of, and understand the following:
(a) the cannabis plant is not regulated by the United States Food and Drug Administration and therefore may contain unknown quantities of active ingredients, impurities and/or contaminants;
(b) medical marijuana smoke contains chemicals known as tars that may be harmful to your health;
(c) should respiratory problems or other ill effects be experienced in association with its use, it should be discontinued and reported to your physician immediately;
(d) medical marijuana may affect your coordination and cognition in ways that could impair your ability to drive, operate machinery, or engage in potentially hazardous activities;
(e) there are potential risks associated with an elevated daily consumption of medical marijuana including risks with respect to the effect on your cardiovascular and pulmonary systems and psychomotor performance, risks associated with the long-term use of marijuana, as well as potential drug dependency;
(f) there is no guaranty that medical marijuana will provide any benefit regarding your condition, and the benefits and risks associated with the use of marijuana are not fully understood;
(g) the use of marijuana may involve risks that have not been identified, and you may consider alternatives to medical marijuana treatment suggested by your physician, and
(h) any physician’s recommendation for medical marijuana use may be revoked at any time. You assume full responsibility for any harm resulting to you and/or other individuals as a result of your use of cannabis and for any and all other risks involved.
2. Advertisements, Offerings, and Listings
2.1 MCN may refuse or remove any offering, listing, advertisement or other matter in its sole discretion for any reason or no reason. MCN does not guaranty any respective placement or ranking of offerings, listings, or advertisements in relation to others. Generally, MCN will rank listings by proximity to the patient’s or other user’s registered address, provided however that we reserve the right to rank or order advertisements, offerings, or listings by other methods, in our discretion. You agree that we have no liability with respect to the placement or sorting of listings, offerings, or other matter, any modifications made thereto, or for any loss or damage resulting from the design, sorting or positioning of any listing, offerings, or other matters, or its components.
2.2 Advertisers (or others who have submitted a listing) may remove a listing by sending cancellation or deletion requests must be submitted to firstname.lastname@example.org at least five business days prior to the requested deletion, provided that deleted listings are not eligible for any refund and provided further that opinions, feedback, and other community postings may not be eligible for deletion.
2.3 You hereby grant to MCN a perpetual, worldwide, royalty-free (and fully paid-up), transferable, sublicenseable, non-exclusive, irrevocable and unlimited license to publish, use, reproduce, copy, display, distribute, transmit, edit or modify (to the extent otherwise permitted herein), synchronize, make derivative works of, compile, use and otherwise exploit, through any medium now known or hereafter developed, all of your offerings, listings or advertisements submitted to the MCN Website or otherwise contained on the MCN Website with your permission, including without limitation all content, copy, text, images or photographs, trademarks, service marks, likenesses, names and identities, and other content or proprietary rights comprising the same and other components thereof, including without limitation for the purpose of promoting MCN and the MCN Website. You hereby waive any applicable moral rights. While we may, in our discretion, use commercially reasonable means to protect the content of a listing or advertisement, you agree that we have no liability or legal responsibility whatsoever for the acts of any third party who may, or may attempt to, copy any listing or component thereof or reuse the same elsewhere without our permission.
2.4 You are solely responsible for keeping all offering, listing and advertisement information, and all contact and other information provided to MCN by you or on your behalf, accurate and up to date, and you hereby represent and warrant that such information is and shall be kept current and accurate. Additionally, you hereby accept legal responsibility for all representations made in your offerings, listings or advertisements, the locations, pricing, specialties, certifications, and other attributes of any product or service you offer via the MCN Website, and its or their availability for specific dates, times, prices, or other terms.
2.5 You covenant, represent and warrant that:
(a) all of your offerings, listings and advertisements are true and accurate in all respects, you have all necessary rights to offer and promote the product or service described therein, and such offering, listing or advertisement complies with all applicable laws and regulations pertaining to advertising, promotional materials, and any other matter contained therein or pertaining to the product or service offered, and your offer of said product or service is legal and the same may be sold or provided legally;
(b) you own, or otherwise have the complete right and authority to
(c) permit MCN to publish, reproduce, copy, display, distribute, modify (to the extent otherwise permitted herein), and use, and
(d) otherwise convey the rights granted MCN herein to, your offerings, listings and advertisements, including without limitation all content, copy, text, images or photographs, trademarks, service marks, likenesses, names and identities, and other content or proprietary rights comprising the same and other components thereof, as provided herein or as may otherwise be consistent with the use and treatment of other offerings, listings and advertisements on the MCN Website;
(e) no such offering, advertisement or listing, and no such component thereof, infringes or violates any trademark, copyright, patent, trade secret, publicity right, privacy right, attribution right, integrity right, personality right, or any other right of any sort of any other person; and
(f) with respect to each image or photograph submitted or used for your listings or advertisements, any likenesses or individual persons portrayed in such images or photographs have granted full permission for the same to be displayed as permitted herein or as is otherwise consistent with the usage and display of listings and advertisements on the MCN Website.
2.6 You hereby indemnify and hold harmless MCN, its shareholders and owners, managers and directors, officers, employees, agents, affiliates, and sublicensees from and against any damages (including reasonable attorney’s fees and expenses), claims, losses, or other liabilities arising out of or relating to:
(a) any breach by you or your agents or principals of the foregoing representations or warranties or any covenant applicable to you herein, or
(b) any matter contained in your offerings, listings or advertisements or the placement thereof on the MCN Website.
2.7 As part of MCN’s service, we will use reasonable efforts to transmit notifications of inquiries and requests for services from users via the MCN Website to doctors’ and clinics’ registered e-mail addresses and then use reasonable efforts to transmit any responses back to users. However, MCN cannot, and has no responsibility to, assure any such e-mails are received. It is your responsibility to be sure your e-mail systems are capable of receipt of such notifications and responses and that your registered e-mail address is accurate.
2.8 If we receive any complaints pertaining to the products or services you offer or advertise through the MCN Website, such as that you partake in unfair business practices, breach your obligations to patients or clients, or partake in any other unprofessional or unfair activity, and we determine such complaints to be justified, in our sole discretion, we may, but shall not have the obligation to, remove or delete your offering or listings without notice or place warnings on or near your listings, notwithstanding any paid service which you may have purchased.
3. Paid Services and Payment Terms
3.1 Paid Services for Doctors, Clinics, Medicine Providers, Advertisers and Listing Owners
3.1.2 Certain listing, offering, and advertisement placement services, by their terms, automatically renew for succeeding periods unless you provide notice of cancellation, as provided by the terms of your specific agreement with MCN (or, if none, at least 30 days in advance of the desired termination or cancellation date). Notwithstanding anything to the contrary, MCN reserves the right, in its sole discretion, to cancel or terminate any service or feature, or your participation in any service or feature, immediately, although we will use reasonable efforts to provide advance notice on the MCN Website when practicable.
3.1.3 You agree to honor all discounts and coupons issued by MCN to patients in accordance with their stated terms, subject to the terms of the MCN service or feature you have ordered and further subject to any express written agreement between you and MCN. You further agree to abide by any restrictions, expiration dates, or other terms and conditions stated on or applicable to such discounts and coupons. These obligations may extend beyond the term of your relationship with MCN, to the extent required by such other terms and conditions.
3.2 Paid Services for Patients, Consumers, and other Website Users
3.2.1 Subject to any terms or conditions set forth on the MCN Website pages describing services or features available to patients, consumers, or other website users, you agree to pay all fees and other charges applicable to each paid service or feature you have ordered according to the web page or specified pricing and other terms and conditions, and to comply with applicable billing terms (prepaid or post-paid) in effect at the time the fee or charge becomes payable (including without limitation, as applicable, that payments will be charged to your payment card) for the applicable time period (if any) to which you have committed according to the order submitted for the service or feature. Such Services must be cancelled at least 24 hours in advance, and Services not cancelled as provided are not subject to a refund. All discounts and coupons issued as part of a service or subscription are available only in accordance with their stated terms, and extensions, credits and refunds are not available.
3.2.2 Certain services or subscriptions, by their terms, automatically renew for succeeding periods unless you provide notice of cancellation, as provided by the terms of your specific agreement with MCN (or, if none, at least 30 days in advance of the desired termination or cancellation date). Notwithstanding anything to the contrary, MCN reserves the right to cancel or terminate any service or feature, or your participation in any service or feature, upon 30 days prior notice (or sooner if reasonably required by commercial or regulatory circumstances).
3.2.3 Certain MCN services may require you to prequalify according to applicable guidelines or law in order to be eligible for such service or a patient, clinic, or medicine provider booking. Because MCN may not be able to verify or evaluate any representations you may make, or any information you may provide, as part of the prequalification process, MCN will be providing the service in reliance on the accuracy of such representations and other information. Accordingly, MCN is not obligated to provide refunds should it later be determined that you did not actually qualify for the service or booking once the MCN service has been provided to you. You agree to provide MCN with truthful, accurate, and not misleading information during all prequalification processes and screenings so that you are only obligated to pay for services or billings for which you are actually eligible and qualified to receive.
3.3 Generally Applicable Billing and Payment Terms
3.3.1 With respect to all paid services you have ordered that require monthly (or other periodic) payment card billing, you authorize regular monthly (or such other periodic) billing, including charges to be applied to your payment card, according to the terms for such service until cancelled as provided herein. With respect to all paid services you have ordered, you are also responsible to pay:
(1) unless they are stated as included in the applicable charges, any applicable taxes, surcharges, and other governmentally imposed amounts on the applicable service (stated charges typically include most normally anticipated taxes and surcharges; further information available upon request),
(2) any penalties, administrative fees, or other amounts arising out of unauthorized payment card usage, charge-backs, bounced checks, and the like, and
(3) account or service reactivation fees imposed by MCN after termination or suspension of a service. Billing disputes must be submitted within 30 days of the applicable billing date or are deemed waived. Except as otherwise expressly provided, payments to MCN are non-refundable.
3.3.2 All payments must be in United States dollars. Time is of the essence for payments hereunder, and any past due amounts shall bear interest at the lower of 12% per annum or the highest rate allowed by applicable law. You are responsible for any costs or expenses (including legal or collection agent fees and expenses) of collecting any past due amounts from you or on your account. Unpaid bills may be sent to third party collections. Your payment obligations are not contingent upon collection of any amounts from any third parties.
4. Community Participants and Public Postings
4.1 You agree that MCN shall have the right, but not the obligation, to choose the contents displayed in public, community, feedback, forum, and opinion features within the MCN Website and that it shall have no obligation to use or display any content or submission from you. You also agree that MCN shall have the right, but not the obligation, to edit, redact, or remove any content or submission from you or any other person.
4.2 You understand that by participating in any community, forum, feedback, communications, or opinion feature or service of the MCN Website that the contents of your submissions and communications may be published and become public information, not subject to any obligations or rights of privacy. If you include any contact or other information in your posting, that will also be publicly available. You shall be solely responsible for your own submissions and communications and the consequences of posting or publishing them. You retain all of your ownership rights in your submissions and communications, provided that you hereby grant to MCN a perpetual, worldwide, royalty-free (and fully paid-up), transferable, sublicenseable, non-exclusive, irrevocable and unlimited license to digitize, publish, use, reproduce, copy, display, distribute, transmit, edit or modify (to the extent otherwise permitted herein), synchronize, make derivative works of, compile, use and otherwise exploit, through any medium now known or hereafter developed, all of your opinions, content, or other matter submitted to MCN for use in a community feature or posting as an opinion or public statement, including without limitation all proprietary rights comprising the same and other components thereof. You hereby waive any applicable moral rights.
4.3 You covenant, represent and warrant that:
(a) all of your postings and other submitted content to community or opinion features are either clear expressions of opinion or are true and accurate in all respects;
(b) you own, or otherwise have the complete right and authority to
(c) permit MCN to publish, reproduce, copy, display, distribute, modify (to the extent otherwise permitted herein), and use, and
(d) otherwise convey the rights granted MCN herein to, your postings and other submitted content, including without limitation all content, copy, text, images or photographs, trademarks, service marks, likenesses, names and identities, and other content or proprietary rights comprising the same and other components thereof, as provided herein or as may otherwise be consistent with the use and treatment of other postings and similar matter on the MCN Website; and
(e) no such posting or matter, and no such component thereof, infringes or violates any trademark, copyright, patent, trade secret, publicity right, privacy right, attribution right, integrity right, personality right, or any other right of any sort of any other person.
4.4 You agree to abide by all of MCN’s use policies in effect from time to time, including any Acceptable Use Policy published at the MCN Website, any policies distributed by email, or any amendments thereto, which policies include, without limitation, the following you:
(a) shall abide by all applicable laws, rules, and regulations relating to the use, posting or transmission of content, software or other matter; and
(b) shall not (nor allow any person to) use the MCN Website in any manner which is illegal, fraudulent or deceptive (including without limitation any practices likely to deceive any other party contacted through the MCN Website), harassing, threatening, harmful, libelous, defamatory, abusive, slanderous, hateful, sexually, racially or ethnically objectionable, vulgar, pornographic, obscene, or otherwise objectionable or unlawful. You will not encourage or enable any person to undertake any illegal act.
4.5 You hereby indemnify and hold harmless MCN, its shareholders and owners, managers and directors, officers, employees, agents, affiliates, and sublicensees from and against any damages (including reasonable attorney’s fees and expenses), claims, losses, or other liabilities arising out of or relating to:
(a) any breach by you or your agents or principals of the foregoing representations or warranties or any covenant applicable to you herein, or
(b) any matter contained in your postings, opinions, or other matter, or the placement thereof on the MCN Website.
5. Permitted Uses and Related Terms
5.1 You may not use the MCN Website for any purpose other than to:
(x) post legitimate advertisements and offerings for services and products consistent with the purpose and spirit of the MCN Website, or
(y) view offerings, listings, and opinions thereon and make legitimate inquiries to advertisers and listing owners regarding your genuine interest in a particular product or service or
(z) legitimately and in good faith participate in the other services and features which MCN offers, in accordance with all policies, guidelines, rules, and applicable laws. Advertisers and listing owners may not be solicited for other purposes (for example and without limitation, solicitation of advertisers and listing owners for your services is strictly prohibited).
Any other use is strictly prohibited. You may not use the MCN Website in any manner to deceive, harass, or injure any other person or to violate any applicable law, rule, or regulation. You may not use or access the MCN Website in any manner that, in our reasonable judgment, adversely affects the performance or function of the Website or any other computer systems used by MCN. You shall not:
(a) attempt to gain unauthorized access to any account, the MCN network, or any related components;
(b) use or access the MCN Website by mobile browsing device while operating a motor vehicle to the extent prohibited by any competent jurisdiction; or
(c) interfere with another’s use and enjoyment of the MCN Website or any MCN services.
5.2 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the MCN Website in a manner that sends more request messages to the MCN Website servers in a given period of time than a single human would produce in the same period by using a conventional web browser. MCN allows the operators of bona fide public search engines to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the MCN source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. MCN reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use. You agree not to collect or harvest any personally identifiable information from the MCN Website, nor to use the communication systems provided by the MCN Website for any commercial solicitation purposes.
5.3 MCN encourages all listing viewers and those who inquire into specific listings to perform their own independent investigation and evaluation of offered products or services. You assume responsibility for your use of any information available on the MCN Website or any other website or materials reachable through the MCN Website.
5.4 You may not circumvent, disable or otherwise interfere with security related features of the MCN Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the MCN Website or the content therein. You may not upload or transmit, or use, any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere, or intercept the normal operation of the MCN Website or any user equipment. MCN reserves the right to refuse hypertext links to other websites or advertiser’s pages, and to remove links or web addresses without notice at our sole discretion. In addition, we may institute a policy of charging for links to outside sources upon notice.
5.5 You may use and print a single copy of the textual matter and all non-trademarked graphical matter for personal, non-commercial purposes solely as necessary to utilize the MCN services as consistent with their stated purpose provided that:
(1) the applicable copyright and trademark notice appears in all copies,
(2) such materials will not be copied or posted on any network or computer or broadcast or published in any media, and
(3) no modifications of any materials are made.
Except as provided herein, no other materials or content available on the MCN Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Materials which you are permitted to use as described above do not include the design or layout of the MCN Website or any proprietary materials of any third party, including the trademarks of any sponsors.
(a) permitting access to your MCN username and password to third parties;
(b) use of your MCN account for any purpose other than private, non-commercial purposes or valid advertising purposes if you are a listing owner;
(c) entering invalid or apparently invalid user information (such as anonymous “Hotmail” e-mail accounts);
(d) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-user limitation; or
(e) posting or submitting any opinion, communication, or other content that may indicate that you are (or if you actually are) affiliated with or related to any advertiser, sponsor, listing owner, or person the subject of any such opinion or content, or a competitor thereof, or are otherwise making non-commercial use of the privileges afforded MCN members.
6. Limits of Liability
6.1 You agree that MCN has no legal liability or responsibility whatsoever for or arising out of any inaccuracy or illegality in:
(a) any information or PHI you provide to or post on the MCN Website, or any such information provided to you, or
(b) any listings, treatment eligibility verification services, or other information made available on or through the MCN Website, or any breach of contract or violation of law by any advertiser, listing owner, service provider, supplier, doctor, clinic, medicine provider, or other third party.
While MCN makes reasonable efforts to assure that listings are up to date and that your search or filtering of listings provides relevant search results, you agree that MCN has no legal liability whatsoever pertaining to the search results made available to you or the accuracy of any special offers, availability, pricing, or other information provided in a listing, advertisement, offering, or in your search results. Without limitation to the foregoing, the Certification Service is comprised of a database of information provided solely by third parties and compiled, although not created, by MCN, and you agree that MCN has no obligation whatsoever arising out of or related to the accuracy or inaccuracy of any information provided or contained therein. Dispensaries and others using the Certification Service, and any other information or materials provided on or through the MCN Website, are used at the user’s own risk, without obligation of any sort on the part of MCN.
6.2 You agree that MCN has no liability whatsoever pertaining to any transaction between a user, member, patient, or other respondent to a listing, offering, or advertisement and any doctor, clinic, medicine provider, or other listing or offering owner or advertiser, or other service provider or supplier. You agree that MCN is not involved in any such transaction in any way and waive any claims you may have against MCN with respect thereto, and each of the doctor, clinic, medicine provider, advertiser, listing owner or other supplier and the patient, user or other respondent accept full responsibility as participants to such transaction to the full exclusion of MCN. You hereby indemnify and hold harmless MCN, its shareholders and owners, managers and directors, officers, employees, agents, affiliates, and sublicensees from and against any damages (including reasonable attorney’s fees and expenses), claims, losses, or other liabilities arising out of or relating to any such transaction or any dispute arising therefrom or related thereto.
6.3 MCN does not warrant that the MCN Website or any service or feature thereof will be secure, timely, uninterrupted or error free or that any data, content, information, software or other material accessible on or through the MCN Website are true, accurate, or are free of viruses or other harmful components. All use of the MCN Website and any features or services thereof are at your own risk and you are solely responsible for all damages resulting therefrom. MCN reserves the right, in its discretion, to limit or terminate your ability to access MCN services from certain regions, countries, or IP address ranges, or through certain devices, operating systems, or software. MCN reserves the right to refuse access or service to any person in its discretion.
6.4 THE MCN WEBSITE AND ANY SERVICES OR FEATURES AVAILABLE (A) ARE NOT INTENDED FOR “MISSION CRITICAL” APPLICATIONS OR FOR USE ON “MISSION CRITICAL” EQUIPMENT, (B) ARE PROVIDED ON AN “AS IS,” WHERE IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, QUIET ENJOYMENT, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EACH OF WHICH ARE DISCLAIMED).
6.5 YOU HEREBY WAIVE ALL RIGHTS TO DAMAGES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE MCN WEBSITE OR ANY SERVICES OR FEATURES AVAILABLE, REGARDLESS OF THE FORM OF CLAIM OR THEORY OF RECOVERY AND REGARDLESS IF SUCH DAMAGES ARE FORESEEABLE.
Without limiting the foregoing, in no event shall MCN, nor any officer, director, employee, sponsor or agent thereof be liable for:
(a) any damages
(i) arising in connection with the fraudulent, unlawful, or tortious acts of any third party,
(ii) that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operations or transmissions,
(iii) that result from yours or any other user’s use of or inability to access your MCN account or other information or data,
(iv) that result from unauthorized access to or alteration of your submissions, transmissions, or data, or
(v) that result from your reliance upon any opinion, assertion, or other matter displayed on the MCN Website;
(b) business interruption,
(c) loss of profits or savings,
(d) loss of data, or
(e) the cost of procurement of substitute goods and services.
You agree that, notwithstanding the general limits and disclaimers set forth herein, should MCN be found liable to you for any monetary damages relating to or arising out of the MCN Website, such damages shall be limited to US$500.00 in the aggregate.
6.9 The MCN Website may contain links to third parties that sell, manufacture or promote products or services. Your business dealings or correspondence with, or participation in promotions of, third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. MCN is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the MCN Website.
7. Proprietary Rights
7.1 MCN and its licensors hold and reserve all right, title and interest (including patent, trademark, and copyright) to all content available on the MCN Website (subject to the terms hereof). Elements of the MCN Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, video or image from the MCN Website may be copied or retransmitted unless expressly permitted by MCN.
7.2 Unless otherwise expressly provided herein or on the MCN Website, you may not, without the prior written consent of MCN:
(a) copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the MCN Website in any form whatsoever;
(b) reproduce MCN Website content on any other website (whether framed, mirrored or otherwise and whether or not MCN is attributed as the owner);
(c) modify, translate into any language or computer language, or create derivative works from, any content or any part of the MCN Website;
(d) reverse engineer any part of the MCN Website or any software made available by MCN; or
(e) disguise the origin of the information available on or through the MCN Website.
7.3 “Medical Consulting Network”, “Medical Cannabis Network,” “MarijuanaDoctors.Com,” and “MCN”, together with any other services or products referenced on the MCN Website, together with all associated graphics, logos, and slogans, are either trademarks or registered trademarks of MCN or its licensors, and may not be used or reproduced without MCN’s or its licensors express prior written permission. Other product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved to MCN.
8.1 Each doctor, clinic, medicine provider, or other advertiser or listing owner, and each user who posts comments or opinions or otherwise submits content to MCN agrees that MCN may host the MCN Website or retain a copy of the data comprising such materials outside of the United States.
8.3 You may not assert against MCN any claim in connection with the MCN Website or any MCN feature or service unless you have given MCN written notice of the claim within 30 days after you knew or should have known of the facts giving rise to such claim.
(a) shall be binding upon and inure to the benefit of each party’s respective permitted successors and assignees;
(c) shall not be modified, except by an express modification by MCN as described herein. There are no third party beneficiaries hereof. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.
Last Revised on: 6/28/19
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