Terms of Use - Cannabis Horticultural Association

Disclaimer / Copyright

The website located at cha.education (the “Site”) contains copyrighted work belonging to iEarth, LLC. (“Cannabis Horticultural Association”, “CHA”, “Membership”, “Platform”, “Us”, “Our”, and “We”). The CHA provides resources related to cannabis horticulture and related topics which include research, product reviews, insect identification services, scientific reviews, inquiries, case studies, horticultural blog articles, and cannabis-related news stories and other articles; and accept donations (collectively, with all other services provided through the Site, the “Services”). All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.

Access and Use of the Membership:

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these obligations.

General Practices Regarding Use and Storage: You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Modifications to Service: You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Use of Insect Identification Services:

Liability: Information sourced from the “Insect Identification” and “Integrated Pest Management (IPM) Services”, otherwise collectively known as the “Insect Identification Services” is for educational purposes only. The information provided from “Insect Identification Services” are reviews from academic institutions by industry professionals and in no way to be construed as legal advise from pest control advisors. You are advised to consult licensed industry professionals for information regarding specific insect management protocol.

The information available through the “Insect Identification Services” is only as accurate as the original academic sources they reflect. Please be aware that many different published sources deliver varying degrees of information and/or accuracy when referring to Integrated Pest Management and Insect ID. Geographic and Bioregional zones may also function as a determinate factor for the varying degrees of “IPM Services” rendered. Information provided by the “Insect Identification Services” is provided to the best of our researching abilities at the time of publication and is constantly being added to, edited for accuracy, or repaired for inaccuracy whenever possible.

Legal: Although the content of the “Insect Identification Services” provided herein is believed to be accurate at the time of their publishing, iEarth, LLC does not assume responsibility as to the accuracy, correctness, completeness and reliability of information made available through these services. The contents of the servives are provided “as is” and without any expressed or implied warranties of any kind. iEarth, LLC disclaims liability for any damages which arise as a result of the direct or indirect use of the “services”. iEarth, LLC reserves the right to modify, amend, delete, suspend or discontinue this website or use of the “Insect Identification Services” which we control, without prior notice.

User-Submitted Content: By submitting any content through the “Insect Identification Services” including any photography or imagery, you hereby irrevocably grant Earth, LLC, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute, in connection with promotion or elsewhere, such content (in whole or in part) and to incorporate the content into other works in any format or medium now known or later developed. Notwithstanding the foregoing, when you submit content iEarth, LLC may modify the format and display of such content. iEarth, LLC will take all reasonable precautions to keep your email address, email message content and any other pertinent identifying elements private. The foregoing grants shall include the right to exploit any proprietary rights in such content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. With respect to content you submit for review, you grant iEarth, LLC the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on cha.education or on any other related media outlets. You agree that the foregoing grant of rights by you to iEarth, LLC and its affiliates is provided without any the entitlement of payment of fees or consideration.

Overview: By using the “Insect ID Services”, you hereby agree to the clauses contained within this set of services, as well as the entirety of the TERMS OF USE provided by this Agreement.

Disclaimers

All content on this website is for informational purposes only. While we endeavor to keep the information, scientific, up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the information contained in this website. Further, iEarth, LLC reserves the right to revise this software and/or documentation and to make changes from time to time in the content hereof without obligation to notify any person of such revision or change.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY USE OF THE SITE OR SERVICES TO DEPICT OR DESCRIBE CANNABIS OR CANNABIS-RELATED PRODUCTS OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE AND COMPLY WITH ALL APPLICABLE LEGAL OR REGULATORY REQUIREMENTS AND RESTRICTIONS.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Indemnification

You agree to indemnify and hold iEarth, LLC (and its officers, partners employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. iEarth LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Limited Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Compliance

In consideration of your use of the Site and the Services, you represent that you are of legal age to form a binding contract with iEarth, LLC in connection therewith. You agree to comply with all relevant local, state, national and international laws, statutes, ordinances and regulations that apply to your use of the Site and its Content, products and services.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and does not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.

Intellectual Property Rights

Service Content, Software and Trademarks: Authorized Users of the Membership recognize that iEarth, LLC is an aggregator of third-party Content as well as the creator of Content. iEarth, LLC represents and warrants under the laws of United States that to its knowledge use of the Membership and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to third party content or your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology, page formatting and software underlying the Service or distributed in connection therewith is the property of iEarth, LLC, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us. The Cannabis Horticultural Association name and logos are trademarks and service marks of us (collectively the “Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us.

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant iEarth, LLC and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to us are non- confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of iEarth, LLC, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Use of Materials

No part of iEarth, LLC copyrighted materials available on this website may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise reproduced, stored, disseminated, transferred or used, in any form or by any means, except as permitted by iEarth, LLC prior written agreement. Distribution for commercial purposes is prohibited unless specified by contract with iEarth, LLC.
The photographs owned by iEarth, LLC are not to be used without further permission.

Privacy

iEarth, LLC is dedicated to protecting your privacy and safeguarding your personal information.

This iEarth, LLC Privacy Policy (“Policy”) describes the information we gather from you when you use the Site, mobile applications, and related services (together, the “Services”) and how we use, process, and disclose that information. We may add to this Policy with other notices. We may also post additional privacy statements for some portions of the Services. By submitting personal information through our Services, you expressly consent to the transfer of your personal data to our servers in the U.S. for our collection, use, and disclosure in accordance with this Policy.

iEarth, LLC may collect and process your personal information and may send email advertisements about the membership, products and services to you. iEarth, LLC maintains a strict “no-spam” policy. If you register for the Membership and Service, you may receive newsletters, notices and/or special offers via email. You may unsubscribe from these electronic newsletters, notices and/or special offers at any time by following the instructions contained at the very end of every such email or elsewhere as directed by iEarth, LLC.

UPDATES
We may amend this policy from time to time. The revisions will take effect on the date of publication of the amended policy, as stated. We will notify you through our website of any material changes to the policy. In the event that the changes we make to the policy are substantial or affect the personal information we have already collected in accordance with this policy, you will be entitled to withdraw your consent to such personal information handling practices provided such consent is not necessary for us to provide to you the services or products you have requested.