Canna NC LLC, (hereinafter also referred to as “Company”, “We”, “Our” Or “Us”) operates www.cannanc.com (“Website”) or CANNA NC services (collectively “Services”). These Terms of Service (“Terms”) govern the Products and use of the Services provided by the Company. Please review the Agreement carefully. If you do not agree to the Terms contained within the Agreement in its entirety, you are not authorized to use the Website in any manner or form whatsoever. By accessing and/or otherwise using the Services in any manner, you, therefore, agree that you have read and accepted these Terms.

We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended.

AGREEMENT TO TERMS

By accessing this Website, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

The terms ‘user(s)’, “your” and ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.

ACCEPTANCE OF OTHER TERMS AND POLICY

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time to time (“Policies”). These Terms apply to all Users:

• Privacy Policy
• Cookies Policy
• Terms of Service
• Shipping and Refund policy
• Disclaimer

GENERAL

CANNA NC holds exclusive authorization as the sole seller of Canna products. By using our website and purchasing products, you acknowledge and agree that these purchases are intended for personal use only and not for resale. Should any customer be found in violation of these Terms of Use by engaging in unauthorized resale activities, they may be restricted from placing future orders on CannaNC.com.

Furthermore, affiliates associated with Canna Enterprises may also risk losing their affiliate status if found in breach of these Terms of Use, as stipulated in the Canna Enterprises affiliate partner Terms.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

We reserve the right for any modification, price change, suspension, or discontinuance of the Service.

All information you provide to CANNA NC shall be accurate, complete, and updated. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

ELIGIBILITY CONDITIONS

In order to use the Website, You need to be 21 (twenty-one) years of age or older. The Website may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable federal and state laws. We shall not be liable in case of any false information is provided by the User including the User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable federal and state laws.

We disclaim all liability arising out of such unauthorised use of the Website and any third-party liability arising out of Your use of the Website if You are under 21 (twenty-one) years of age.

USE OF THE WEBSITE

You are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party.

The Company is not responsible for any damages resulting from the use of the Website by anyone. You will not use the Website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the Website by other users, (c) not resell material on the Website, (d) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (e) not defame, harass, abuse, or disrupt other users of the Website, (f) or otherwise unlawful in any manner whatever.

The Website may include links to other websites, resources, and advertisements. Please note that CANNA NC is not responsible for the availability of these external sites, and the presence of such links does not constitute an endorsement of the content, advertising, products, or materials available on or through these external sites. Users are advised that CANNA NC cannot be held responsible or liable, directly or indirectly, for any loss or damage resulting from the use of or reliance on any content, goods, or services offered by these external sites. Any concerns or issues related to external sites should be directed to the respective site administrators.

By accessing and using the Website, you agree not to take any action that may interfere with its functionality or accessibility, nor should you attempt to restrict others' access to the Website.

These provisions are for the benefit of CANNA NC, its affiliates, third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.

SECURITY

You agree to use this website only in accordance with these Terms. In the event that your unauthorised use of this website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.

As a user of this website you undertake:

1. Not use our website in any way that causes or may cause damage to the website or impairment of the availability or accessibility of the website; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;
2. Not use our website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
3. Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our website without our express written consent;
4. Not to knowingly or recklessly contravene, in the course of using this website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
5. Not to use this website to make unauthorised attempts to access or interfere with any of our systems or third party networks;
6. Not to use this website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
7. Not to use this website for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this website for such purpose(s);
8. to inform us immediately of any claim or action against you for any use of this website and, on request from us, to immediately cease the act complained of.

The Company is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

DELIVERY, TITLE & RISK OF LOSS

When you buy Online Products from www.cannanc.com, there is a shipment contract with carriers involved. This means that;

1. The delivery of the Online Products to you is considered complete once we hand them over to the carrier, which happens in the United States of America (FCA Denver, CO, Incoterms 2010), and
2. The responsibility for any loss or damage to the Online Products, as well as the ownership of the purchased items, transfers to you once we deliver them to the carrier.

PRIVACY AND USAGE OF COOKIES

We will not intentionally disclose any personally identifying information about you to third parties, except where CANNA NC in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of CANNA NC’s Privacy Policy. Please refer to our Privacy Policy and Cookie Policy.

MESSAGING TERMS & CONDITIONS

The SMS message program is provided by CANNA NC. We are committed to adopting the best messaging practices, in compliance with various Text Message Laws including TCPA, the CAN-SPAM Act, the Communications Act of 1934, (as amended), the Federal Trade Commission Act and regulations and decisions adopted by the Federal Communications Commission and Federal Trade Commission.

By providing your cell phone number, you are consenting to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from CANNA NC. These messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided during sign-up or any other number you designate. We value your privacy, and rest assured that your information will be used in accordance with our CANNA NC Privacy Policy.

As a participant in this program, you grant CANNA NC permission to send text messages to your enrolled cell phone number through your wireless phone carrier, unless you choose to revoke this permission per the instructions outlined in the following Terms & Conditions. It is important to note that providing consent for automated marketing text messages is not a condition of making any purchase from CANNA NC. Standard message and data rates may apply based on your wireless carrier plan.

Please be aware that the frequency of messages may vary, and CANNA NC reserves the right to adjust the frequency at any time, either increasing or decreasing the total number of messages sent. In the event that we change the short code or phone number from which messages are sent, we will notify you accordingly.

We want to ensure your satisfaction with our messaging program. However, please understand that not all mobile devices or handsets may be supported, and there might be areas where our messages cannot be delivered. CANNA NC, along with our service providers and mobile carriers supporting the program, will not be held liable for any delayed or undelivered messages.

Message And Data Rates

CANNA NC will never charge you for the text messages you receive, depending on your phone plan, you may see some charges from your wireless service provider. Please reach out to your wireless service provider if you have questions about your text messages or data plan.

Cancellation

1. To cancel your subscription and stop receiving text messages, text any of the following keywords: STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, or QUIT to the telephone number, long code, or short code from which you received our initial confirmation message.
2. After sending the keyword, you will receive one additional message confirming that your request has been processed.
3. Please note that changes to your preferences may take up to 48 hours to take effect.
4. Our text message platform will only recognize and respond to unsubscribe requests that include the specified keywords (STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, or QUIT).
5. We hold no liability for failing to honor unsubscribe requests that do not adhere to these commands.
6. If you have subscribed to multiple text message programs, unsubscribing from one program will not stop messages from other programs.
7. To discontinue receiving text messages from all programs, you must unsubscribe from each one separately.

Help or Support

If you need any support or help regarding unsubscribing from our services, simply text the keyword "HELP" to the telephone number, long code, or short code that was used to send you our initial confirmation message. We will respond with the necessary information on how to proceed with the unsubscription process.

REVIEWS

CANNA NC allows the posting of customer reviews for the products you have purchased from the Website. We love hearing from our customers! So, if you would like to share your thoughts about our products, please feel free to leave a review on our website. By submitting a review, you acknowledge that your comments may be used on our website or in our marketing materials. We reserve the right to edit or remove any reviews that contain inappropriate or offensive language. Any customer failing to comply with the Terms may be expelled and refused continued access to, the ability to post reviews in the future.

Under no circumstances will we, our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, or representatives be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed by anyone other than the Company itself are solely the opinions of those customers and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.

You also acknowledge and agree that any review, provided by you is non-confidential and you hereby grant Company, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.

INTELLECTUAL PROPERTY RIGHTS

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.

All material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.

The compilation of all content on the Website is our exclusive property and is protected by domestic as well as international copyright and database rights laws.

You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

DISCLAIMER OF WARRANTIES

Your use of the Website and/or Products are at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products.

Without limiting the generality of the foregoing, the Company makes no warranty:

1. that the information provided on this Website is accurate, reliable, complete, or timely;
2. that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
3. no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
4. as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and
5. regarding any Products purchased or obtained through the Website.

The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.

The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or use the Website.

LEGAL DISCLAIMER

CANNA NC  want to be transparent and compliant with regulations.  Therefore, We must inform you that the statements made about Our products have not been evaluated by the Food and Drug Administration (FDA). As a result, the efficacy of Our products has not been confirmed through FDA-approved research, and they are not intended to diagnose, treat, cure, or prevent any disease.

The inclusion of this disclaimer is a requirement by the Federal Food, Drug, and Cosmetic Act. Our commitment to transparency and compliance with regulations is paramount, and this disclaimer allows Us to provide you with all the necessary information about Our products responsibly and ethically.

All products listed on the CANNA NC website are in compliance with the provisions outlined in the 2018 Farm Bill and contain 0.3% Delta-9 THC or lower which is the permissible limit.

CANNA NC hereby disclaims responsibility for any purchases that may result in a violation of local or state laws. It is the buyer's responsibility to check the legality of the transaction involving CANNA NC, its affiliates, or officers and shall be held responsible for any violation of such local or state laws.

Drug Testing

As mentioned in the above clause, All products listed on the CANNA NC  website fall within the legally permissible limit of Delta-9 THC. Please note that using our products may lead to a positive drug test result. It is important for anyone who is subject to drug testing to keep this in mind.

General

The information provided on Our website, packaging, or any other materials is solely for informational purposes. It is essential to remember that this information should not be used as a substitute for advice from your healthcare practitioner. We highly recommend consulting with your healthcare professional before using any of Our products to discuss potential interactions or complications.

We take Our responsibility seriously in providing accurate and up-to-date information about Our products. However, We cannot offer any warranties or representations regarding the accuracy, completeness, or timeliness of the information on Our website or provide Our products.

By continuing to explore Our website and choosing to use Our products, you acknowledge that you have read, understood, and accepted the terms and conditions of this disclaimer. If you disagree with any part of this disclaimer, We advise refraining from using Our website and purchasing Our products.

If you have any further questions or concerns, We encourage you to consult a healthcare professional or contact Us for more information. Your well-being is Our priority, and We are here to assist you in any way We can. Thank you for your understanding and trust in Our products and services.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF CANNA NC OR ANY PARTY ACTING ON BEHALF OF CANNA NC BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO CANNA NC HEREUNDER OR HUNDRED (100) USD; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF CANNA NC HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE CANNA NC SERVICES. CANNA NC AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of (a) these Terms or the breach of your warranties, representations and obligations under these Terms; (b) the Website content or your use of the Website content; (c) the Services or your use of the Services; (d) any intellectual property or other proprietary rights of any person or entity; (e) your violation of any provision of these Terms; or (f) any information or data you supplied to the Company.

The terms of this provision will survive any termination or cancellation of these Terms or your use of the Website or the Services.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services.

GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of North Carolina, United States of America and ​​shall have exclusive jurisdiction over any dispute arising under this Agreement.

NOTICES

Legal notices must be served on the email address provided in the ‘Contact Us clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

DISPUTE RESOLUTION

If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to us at the email address provided in the ‘Contact Us’ clause.

If We have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in a small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the US Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Company are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision shall survive the termination of this Agreement and the termination of your account.

Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The seat and venue for the arbitration will be North Carolina, United States of America.

The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorised access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

MISCELLANEOUS

1. Severability - The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision."
2. Entire Agreement - The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
3. Waiver - If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
4. Amendments - Notwithstanding anything contained hereinbefore, We may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.
5. Force Majeure - No one shall be liable for any delay or failure in performance due to events outside the defaulting Party's reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.

CONTACT US

After reviewing this policy, if you have any additional questions, concerning these Terms, please contact us by sending an email to help@cannanc.com.

Effective Date: August 3, 2023.

Last Updated: August 3, 2023.