September 10, 2019


Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions (“Terms and Conditions,” or “Agreement,”). If you do not agree to all of these Terms and Conditions, do not use this site!

CannaPay, its parent company, Yoad Development and Technology 2014 LTD, and its agents, employees, contractors, affiliates, subsidiaries, and other related, affiliated or controlled companies ("CannaPay," " us,"  " we," or "our") may revise and update these Terms and Conditions at any time. Your continued usage of the CannaPay website ("CannaPay Site," or the "Site,") will mean you accept those changes.

The Site Provides Information on Banking and Merchant Services, but Does Not Directly Provide Banking or Merchant Services

The contents of the CannaPay Site, such as text, graphics, images, and other materials created by CannaPay or obtained from CannaPay's licensors, and other materials contained on the CannaPay Site (collectively, "Content") are for informational purposes only.

CannaPay is not the agent, fiduciary, or other representative of You, an Affiliate, or any other third-party. Nothing expressed or mentioned in or implied from these Terms and Conditions are intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms and Conditions. Accordingly, CannaPay is not a party to any relationships entered into between You, an Affiliate, or any other third-party.

Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any user, Affiliate, or third party, whether in regards to this Site, products, services, or otherwise.

Must be 21 Years of Age or Older

This Site is not for use by anyone under the age of 21.

Use of the Content

The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. CannaPay authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "©2019, CannaPay. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain items accessible on the CannaPay Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

Title to the Content remains with CannaPay or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of CannaPay. All rights not expressly granted herein are reserved to CannaPay and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of CannaPay and Its Licensors

The use of the CannaPay Site and the Content is at your own risk.

When using the CannaPay Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of CannaPay and its suppliers. Accordingly, CannaPay assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the CannaPay Site.

The CannaPay Site and the Content are provided on an "as is" basis. CANNAPAY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

YOU EXPRESSLY ACKNOWLEDGE THAT CANNAPAY IS FOR RESIDENTS WITH LAWS REGULATING MEDICAL OR THE RECREATIONAL USE OF CANNABIS ONLY AND THAT MEDICAL CANNABIS COLECTIVES AND PATIENTS ARE ESTABLISHED PURSUANT TO THEIR RESPECTIVE LOCAL, STATE, AND/OR COUNTRY LAWS. YOU UNDERSTAND THAT THE U.S. FEDERAL GOVERNMENT HAS CLASSIFIED MARIJUANA AND MARIJUANA EXTRACTS AS SCHEDULE 1 CONTROLLED SUBSTANCES. U.S. FEDERAL LAW PROHIBITS THE MANUFACTURE, DISTRIBUTION AND POSSESSION OF MARIJUANA AND MARIJUANA EXTRACTS (EXCEPT EXTRACTS DERIVED FROM HEMP).

 

Without limiting the foregoing, CannaPay, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the CannaPay Site or CannaPay.
  2. The satisfaction of any government regulations related to cannabis products or the approval or compliance of any software tools with regard to the Content contained on the CannaPay Site.

In no event shall CannaPay, its licensors, its suppliers, or any third parties mentioned on the CannaPay Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the CannaPay Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not CannaPay, its licensors, its suppliers, or any third parties mentioned on the CannaPay Site are advised of the possibility of such damages. CannaPay, its licensors, its suppliers, or any third parties mentioned on the CannaPay Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $50. CannaPay, its licensors, its suppliers, or any third parties mentioned on the CannaPay Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Content and Submissions

The personal information you submit to CannaPay is governed by the CannaPay Privacy Policy. To the extent there is an inconsistency between this Agreement and the CannaPay Privay Policy, this Agreement shall govern.

The Site may contain functionality and other interactive areas, including blogs, message boards, user reviews of products, etc. (collectively "Public Areas") that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”).  Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively "Social Media Platforms"). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable polices, such as our Reviews Guidelines.  CannaPay reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies, such as our Reviews Guidelines. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that CannaPay is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.

If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to CannaPay by email, any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to CannaPay by email, you agree such submission is non-confidential for all purposes.

If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to CannaPay by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-CannaPay a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. CannaPay may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to CannaPay by email. We try to answer every email in a timely manner, but are not always able to do so.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (like photos, videos, or audio) on the CannaPay Site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the CannaPay Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, or the CannaPay Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media on the CannaPay Site or a Social Media Platform like a photo or video: (a) you grant to CannaPay a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes CannaPay to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify CannaPay and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.

CannaPay reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Your Information

You grant CannaPay and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. CannaPay cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using CannaPay tools and services.

User Content Guidelines

If you use, or post User Content on, a Public Area, such as message boards, blogs, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. CannaPay and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by CannaPay in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  10. Allowing any other person or entity to use your identification for posting or viewing comments
  11. Posting the same note more than once or "spamming"; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of CannaPay, exposes CannaPay or any of its customers or suppliers to any liability or detriment of any type.

Reviews posted on the Site are further subject to the CannaPay Reviews Guidelines.

CannaPay Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  4. Terminate a user's access to any or all Public Areas and/or the CannaPay Site upon any breach of these Terms and Conditions.
  5. Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
  6. Edit or delete any communication(s) posted on the CannaPay Site, regardless of whether such communication(s) violate these standards.

CannaPay or its licensors have no liability or responsibility to users of the CannaPay Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites

CannaPay may provide links to third-party web sites. CannaPay also may select certain sites as priority responses to search terms you enter and CannaPay may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. CannaPay does not recommend and does not endorse the content on any third-party websites. CannaPay is not responsible for the content of linked third-party sites, sites framed within the CannaPay Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. CannaPay does not endorse any product or service advertised on the CannaPay Site.

Indemnity

You agree to defend, indemnify, and hold CannaPay, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.

Affiliation  The Site is a professional information and review resource that accepts free products, cash advertising, sponsorship, paid insertions or other forms of compensation from affiliate, promotion, sponsorship, advertising and marketing partners (“Affiliates”). We test Affiliate products, provide honest opinions and give high marks to the best.  We are independently owned and the opinions expressed here are Our own. 

The Site contains links to Affiliates and their products.  If you purchase through one of those links, We may receive a commission, which is necessary to allow CannaPay to continue to deliver the content on the Site.  We may publish our Affiliates’ promotional offers with different features and different rates to any of our users.  These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract.  You acknowledge and agree that any purchase is solely between you and the Affiliate, and not CannaPay.  You acknowledge and agree that (i) We have no obligation whatsoever to furnish any support services with respect to your purchase or relationship with an Affiliate; (ii) We are not responsible for addressing any claims you have or any claims of any third-party relating to an Affiliate, including your Affiliate purchase, or your possession and use of an Affiliate or third-party product, including, but not limited to: (A) product liability claims; (B) any claim that the an Affiliate or third-party product fails to conform to any applicable legal or regulatory requirement; or (C) claims arising under consumer protection or similar legislation; and (iv) any claims, losses, liabilities, damages, costs or expenses attributable to an Affiliate, including an Affiliate Purchase, will be the sole responsibility of the Affiliate, and not CannaPay. CannaPay does not have any influence or control over any Affiliate products or services or Affiliate website. CannaPay is not responsible for and does not endorse any Affiliate products or services or any Affiliate website, or its availability or contents. CannaPay is not responsible for any agreement or understanding you enter into with a third party through an Affiliate website and/or in relation to any Affiliate products or services.

 

General

 

No Support or Maintenance. You acknowledge and agree that CannaPay will have no obligation to provide you with any support or maintenance in connection with the Site or Services (as defined in the Privacy Policy).

 

Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Except for disputes brought in small claims court in Tel-Aviv, Israel, all disputes between you and CannaPay arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND CANNAPAY AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if CannaPay makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to CannaPay. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Tel-Aviv, Israel. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of Israel, without regard to conflict of law provisions.

 

Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@CannaPay.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified below.

 

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 

 

Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). 

 

Copyright/Trademark Information. Copyright © 2017, Yoad Development and Technology 2014 LTD. All rights reserved. CannaPay®; the CannaPay logo; the CannaPay colors used in combination; the CannaPay tile designs (collectively, the “Marks”) and any other trade name or slogan contained in the Services are trademarks or service marks of CannaPay are trademarks of Yoad Development and Technology 2014 LTD.  You acknowledge and agree that You are not permitted to use CannaPay’s Marks or any third party marks displayed on our site without prior written consent from, respectively, CannaPay, or the owners of such third party marks.

 

Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by CannaPay of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and CannaPay. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CannaPay’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

 

Language of the Agreement. The language of this Agreement is English. Where CannaPay has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with CannaPay. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting CannaPay's copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

CannaPay's agent for copyright issues relating to this web site is as follows:

CannaPay

Attn: Office of Privacy

Maaleh Nof 19 , Tirat Hacarmel, Israel

info@CannaPay.com

In an effort to protect the rights of copyright owners, CannaPay maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Thank you for your cooperation. We hope you find the CannaPay.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to info@CannaPay.com.

Last updated on October 22, 2019

 

© 2019 CannaPay. All rights reserved.

 

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