Please read these terms of service (“Terms”) as they contain important information regarding your legal rights and obligations. These include various disclaimers, limitations of liability, and a dispute resolution clause that governs how disputes will be resolved.
- OWNERSHIP / RESTRICTIONS OF USE
The website at www.ghostdrops.com (this “Website”) is licensed to Atlas Growers Inc. (“Atlas”, “we”, “us”, and “our”). Information contained in this Website is for information purposes only. Access and use of this Website and its related services (the “Services”) are provided to you on condition that you accept these Terms. By accessing or using this Website or the Services, you agree to these Terms. If you do not agree to these Terms, you may not access or use: (i) this Website; (ii) the Atlas Materials (as defined below); or (iii) any of the Services.
Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to Atlas Growers Inc., its affiliates and/or third-party licensee. The Content is protected by Canadian and international copyright and trademark laws.
These Terms, this Website, including the Atlas Materials, and the Services may be amended or otherwise changed from time to time without notice. For the avoidance of doubt, Atlas reserves the right to: (i) revise, modify, supplement or delete any information, materials, services and/or resources contained on this Website; and (ii) make such changes without prior notification to past, current or prospective visitors. It is your responsibility to check for such changes periodically. If you do not agree with any change, you must stop using or accessing this Website. Your continued access or use of this Website or the Services after any such change is posted on this Website will constitute your acceptance of the change.
- CONDITIONS OF ACCESS
AS A CONDITION OF YOUR USE OR ACCESS TO THIS WEBSITE, YOU WARRANT THAT:
- YOU HAVE REACHED THE LEGAL AGE FOR CANNABIS CONSUMPTION IN YOUR JURISDICTION OF RESIDENCE;
- YOU WILL TAKE REASONABLE STEPS TO ENSURE THAT YOU DO NOT ALLOW ANY PERSON WHO HAS NOT YET REACHED THE LEGAL AGE FOR CANNABIS CONSUMPTION IN YOUR JURISDICTION OF RESIDENCE TO SEE THIS WEBSITE;
- YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION;
- YOU WILL USE THE WEBSITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS;
- IF YOU ARE ACCESSING OR USING THE WEBSITE ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS AND CONDITIONS.
THE WEBSITE IS NOT A CANNABIS RETAIL STORE. THERE IS NO CANNABIS FOR SALE IN ANY FORM ON THE WEBSITE. ANY INFORMATION ON CANNABIS IS STRICTLY FOR EDUCATIONAL PURPOSES AND IS DESIGNED TO COMMUNICATE INFORMATION ABOUT PRODUCTS TO THE END CONSUMER.
If you wish to purchase any product or service made available through the Website, you may be asked to provide us with information relevant to your purchase such as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. We can use that information with our third-party providers in order to provide you with the product or service, charge you for the product or service or otherwise administer our relationship with you.
- CONDITIONS OF PURCHASE
CONDITIONS OF YOUR PURCHASE YOU WARRANT THAT:
- YOU RESIDE IN CANADA;
- YOU HAVE REACHED THE LEGAL AGE OF CANNABIS CONSUMPTION IN YOUR JURISDICTION OF RESIDENCE;
- YOU ARE PURCHASING THE PRODUCT OR SERVICE FOR YOUR OWN USE, OR FOR USE BY A PERSON WHO HAS REACHED THE LEGAL AGE OF CANNABIS CONSUMPTION IN YOUR JURISDICTION OF RESIDENCE;
- YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) IN CONNECTION WITH YOUR PURCHASE; AND
- YOU ARE USING THE WEBSITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, INCLUDING THE CONDITIONS OF YOUR USE OR ACCESS SET OUT ABOVE.
We can refuse or cancel your order at any time for any reason, including: product or service availability, errors in the description or price of the product or service, errors in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the purchase to complete, or any resulting loss or damages to you.
This Website is hosted on servers in Ontario, Canada. Accordingly, your access and use of this Website shall be deemed to be provided in Ontario and subject to Ontario law and the laws of Canada applicable therein. If you access this Website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that this Website, the Services or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction. If you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by or related to this Website (including the Services), you may not: (i) enter into these Terms; or (ii) access or use this Website or the Services. By accessing or using this Website you are explicitly stating that you have verified in your own jurisdiction that your access and use of this Website and the Services is allowed.
- YOUR PRIVACY
You acknowledge and agree that access to and use of this Website and the Services is primarily provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
You may only access and use this Website for legitimate lawful purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract. You further agree to comply with all applicable laws, rules and regulations and agree not to; (i) mirror or frame any part of this Website without Atlas’ expressed prior written consent; or (ii) use any mole, robot, spider, site search/retrieval application or other device to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational format or presentation of this Website, without our prior written consent.
We reserve the right, in our sole discretion, to take any actions to preserve the integrity of this Website or the Services, including temporarily suspending you, or any other party’s, access to this Website if we suspect that you, or any other parties, are obtaining access to our systems or information without permission, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Atlas may reasonably determine is necessary to permit a thorough investigation of such suspended activity.
- INTELLECTUAL PROPERTY
This Website (including Atlas Materials and the presentation thereof) is the property of Atlas and its licensors, and may be protected by intellectual property laws, including copyright law, trademark law, patent law and other laws of Canada and other applicable jurisdictions.
Subject to these Terms, you are granted a limited license only to display and print the materials and information contained in this Website (collectively, the “Atlas Materials”) for your own personal, non-commercial use; provided that such materials and information are not modified and that copyright and other intellectual property notices are not altered or deleted. You may not create derivative works from or otherwise reproduce, modify, republish or disseminate the Atlas Materials, or any element thereof, in any manner or form whatsoever. Unless you have entered into a separate agreement with Atlas, any other use of the Atlas Materials without Atlas's written permission is prohibited
Any unauthorized use regarding publication, copying or modification of information in any of the Atlas Materials, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.
- PRODUCT OR SERVICE DESCRIPTIONS
WE DO NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION THAT ANY PRODUCT OR SERVICE DESCRIPTIONS, OR OTHER INFORMATION IS COMPLETE, ACCURATE, CURRENT, RELIABLE OR OTHERWISE ERROR FREE. If a product or service we offer is not as described, your sole recourse is to return it to us in new and unused condition for a refund
- RISK OF LOSS
We will make arrangements with a third-party service provider to send you any physical items you purchase from us. The risk of loss and title for those items pass to you when we deliver them to that third party service provider.
If you make a return, you must make arrangements with a third-party service provider at your sole cost and expense to return any item purchased from the Website. The risk of loss and title of returned items pass to Company when the item arrives at our facility. We will provide you a refund for returned items so long as the item is returned in new and unused condition. We’ll use our reasonable discretion in determining whether or not an item is in new and unused condition. At our discretion, we may chose to provide refunds in other circumstances.
Sometimes we may offer discounts to the price of our products or services. Those discounts are to our usual prices at the time the discount is applied. We may change our prices at any time and from time to time by updating our Website. As a result, we do not confirm the price of any product or service on our Website until you place your order.
Occasionally, there will be pricing errors. If the correct price of a product or service is higher than the price we charged you, we can, at our discretion, accept the price you paid, contact you for instructions before shipping, or cancel your order and notify you of the cancellation.
We will charge your credit card once you place your order.
- NO REPRESENTATIONS OR WARRANTIES
Although Atlas believes the Atlas Materials to be correct at the time they are posted, Atlas: (i) does not warrant the accuracy, completeness, or currency of same at all times; and (ii) cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the Atlas Materials on this Website. Information contained in this Website does not constitute a solicitation or an offering of securities in any jurisdiction.
We have the right, but not the obligation, to correct any errors, inaccuracies, or omissions and to change or update the Atlas Materials at any time, without prior notice to you (including after an order has been placed by you).
14. WEBSITE COMMUNICATIONS
The Internet is not a fully secure medium and any communication may be lost, intercepted, or altered. Atlas is not liable for any damages related to communications to, or from, this Website or the Services.
- THIRD PARTY WEBSITE LINKS
Links from or to websites outside this Website are provided for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to this Website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Atlas shall not be a party to any transaction between you and any third party including any third-party advertising on this Website, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third-party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.
THE ATLAS MATERIALS ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND. YOU ARE ADVISED TO SEEK SPECIFIC LEGAL AND/OR MEDICAL ADVICE BY CONTACTING A PROFESSIONAL.
THIS WEBSITE, THE SERVICES, THE PRODUCTS AND THE ATLAS MATERIALS ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF THE ATLAS MATERIALS, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES, THE PRODUCTS AND THE ATLAS MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATLAS OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS (COLLECTIVELY, THE “ATLAS PARTIES”) BE LIABLE TO YOU FOR ANY (A) INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (EVEN IF ANY OF THE ATLAS PARTIES IS MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES), OR (B) ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH (I) THESE TERMS, (II) THIS WEBSITE (INCLUDING ANY SITES LINKED FROM OR TO THIS WEBSITE), (III) THE ATLAS MATERIALS, (IV) THE SERVICES, (V) THE PRODUCTS, AND (VI) YOUR ACCESS, USE, OR RELIANCE OF ANY OF THE FOREGOING, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, THE ATLAS PARTIES’ TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH (I) THESE TERMS, (II) THIS WEBSITE (INCLUDING ANY SITES LINKED FROM OR TO THIS WEBSITE), (III) THE ATLAS MATERIALS, (IV) THE SERVICES, (V) THE PRODUCTS, AND (VI) YOUR ACCESS, USE, OR RELIANCE OF ANY OF THE FOREGOING SHALL BE LIMITED TO THE LESSER OF: (A) TEN ($10.00) DOLLARS (CAD); AND (B) THE AMOUNTS PAID BY YOU FOR ANY PRODUCTS PURCHASED BY YOU THROUGH THIS WEBSITE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FINAL EVENT GIVING RISE TO SUCH LIABILITY.
IN CONSIDERATION FOR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO DEFEND AND INDEMNIFY THE ATLAS PARTIES AGAINST ANY LOSSES, LIABILITIES, CLAIMS, DEMANDS, THREATS, ACTIONS, PROCEEDINGS, EXPENSES (INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS) IN ANY WAY ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING IN CONNECTION WITH ANY PRODUCTS OFFERED THROUGH THIS WEBSITE OR THE USE OF ANY INFORMATION CONTAINED IN OR OBTAINED THROUGH THIS WEBSITE, THE SERVICES, YOUR VIOLATION OF THE TERMS OR ANY APPLICABLE LAW OR REGULATION, OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THIS WEBSITE BY YOU, INCLUDING BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS PROVIDED BY YOU INFRINGE UPON ANY THIRD PARTY PROPRIETARY RIGHTS.
As above, Atlas may, at its sole discretion, at any time and from time to time, without notice, suspend your ability to use this Website and the Services and/or terminate these Terms or any of the licenses granted hereunder. Upon termination of these Terms, you shall immediately cease and desist from all use of this Website and the Services.
- ENTIRE AGREEMENT
These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Atlas may assign, transfer or convey these Terms, or any of our rights hereunder to a third party without notice to you.
A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
If any provision or part thereof of these Terms is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
- GOVERNING LAW
Any claims or disputes arising from, related to, or in connection with (i) these Terms, (ii) this Website, (iii) the Atlas Materials, (iv) the Services, (v) the Products, and (vi) your access, use, or reliance of any of the foregoing (each a “Dispute”) will be resolved in accordance with the laws in the Province of Ontario without regard to its conflict of law rules. Any such claims or disputes must be brought before the courts in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the Atlas Parties relating to any Dispute and you also agree to opt out of any class proceedings against Atlas.
- CONTACT INFORMATION
If you need to contact us regarding this Website, the Services, the Products or these Terms, please contact us by: (i) phone at 1-855-510-4769 or (ii) email us at: firstname.lastname@example.org
These Terms were last updated on March 8, 2022.