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Terms of Use

TERMS OF USE for CLOUD COVER WEBSITE

Welcome to CLOUD COVER! The following agreement (“Agreement” or “Terms of Use”) describes the terms on which C3 Industries, Inc. on behalf of itself, subsidiaries, and affiliates (“Publisher”) offers you access to its services.

BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER Publisher SOFTWARE, SERVICES, OR WEB SITES (COLLECTIVELY “SERVICES” OR THE “SITE”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.

Publisher RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN Publisher’s SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF THE PAGE ON THE Publisher’S WEB SITE.

1. SITE ACCESS AND Account registration

The Site and Services are offered and available only where permitted by law. The Site and Services are strictly limited to users who are: a) 21 years of age or older or b) 18 and in possession of a valid medical marijuana registration card. By using the Services, you represent and warrant that you are 21 years of age or older, or if you are 18 that you have a valid medical marijuana registration card. If you do not meet this age requirement, you must not access or use the Services. Certain parts of the Site may be subject to heightened age or other eligibility requirements. If you are asked to verify your age or other eligibility requirements, you must not misrepresent your age.

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Publisher believes the information you provide is not correct, current, or complete, Publisher has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

2. USER NAMES AND PASSWORDS

During the registration process, you must choose a user name and a password. When choosing a user name, you must abide by the following guidelines as well as the rules of common decency. If Publisher finds such a user name to be offensive or improper, Publisher will be entitled, in its sole and absolute discretion, to change the name and/or terminate your use of the Service. You may not select the name of another person with the intent to impersonate that person; a name that violates any trademark rights, copyright or other proprietary right; or a name that is vulgar, offensive, defamatory, obscene, hatefully or otherwise objectionable. Any passwords used for this site are for individual use only. You will be responsible for the security of your password. Publisher will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Publisher considers insecure, Publisher will be entitled to require the password to be changed and/or terminate your account. In the event that you become aware of or reasonably suspect any breach of security, you must immediately notify Publisher. Publisher reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Publisher to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PUBLISHER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PUBLISHER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PUBLISHER OR LAW ENFORCEMENT AUTHORITIES.

3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site, and you agree to comply with all applicable laws and regulations in using the Site. As a condition of your use of Publisher's Web site(s), you warrant to Publisher that you will not use the Web site(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Users will not (and will not authorize or cooperate with any party):

  1. take any action that imposes an unreasonable load on the site’s infrastructure;
  2. use any device, software or routine to interfere or attempt to interfere with the proper working or security of the site or any activity being conducted on the site;
  3. attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the site;
  4. use or attempt to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser in retrieving information from the site;
  5. aggregate, copy, or duplicate any of the materials or information available from the site except for a small amount of materials and information temporarily required for an ordinary single use of the site;
  6. access data not intended for the individual user;
  7. delete or alter any material posted by any other person or entity;
  8. frame or link to any of the materials or information available from the site;
  9. use or post the proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  10. advocate illegal activity or discuss an intent to commit an illegal act;
  11. engage in any action in connection with the site to violate any law or attempt to violate any law;
  12. use a buying agent or purchasing agent to make purchases on the Site;
  13. sell or otherwise transfer your profile;
  14. use the Site as part of any effort to compete with us or otherwise use the Site for any revenue-generating endeavor or commercial enterprise;
  15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site;
  16. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
  17. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
  18. use the Site in a manner that violates or is inconsistent with the rules of a sweepstakes, contest, or other promotion contained within or offered through the Site;
  19. use the Site in a manner inconsistent or in violation of these Terms of Use, or any applicable laws or regulations.

Publisher reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

4. PERSONAL AND NONCOMMERCIAL USE LIMITATION

Publisher's Web site(s) are for your personal and noncommercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial or monetary purpose, without Publisher's express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Publisher's Web sites.

5. NO PROFESSIONAL ADVICE OR MEDICAL INFORMATION

The general information provided on the Site is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Site. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

Do NOT use the Website for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Site.

6. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other Web site owned, operated, licensed, or otherwise controlled by Publisher (the “Content”) is the proprietary information of Publisher or the party that provided or licensed the Content to Publisher, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Publisher, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Publisher’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

7. COOKIES

The Service uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to help us provide you with a better user experience by remembering certain information about you, including preferences. For example, a cookie helps the Service recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses or shipping addresses. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Service.

8. SUBMISSIONS

You hereby grant to Publisher the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Publisher through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Publisher will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Publisher operations.

Publisher will treat any personal information that you submit through this site in accordance with its Privacy Policy.

9. TERMS OF SALE

Purchases made through the Service are subject to these terms of use. Publisher uses third-party e-commerce and payment services to offer Services through the Site. By using the Site, you agree to additional rules, terms of use, privacy policies, or other terms and conditions when registering for purchases or other Services provided through the Site or by third-party service providers. If you do not agree to these additional rules, terms of use, privacy policies, or other terms and conditions, do not use the Site.

You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Prices for all products are subject to change. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site. We reserve the right to discontinue any products at any time for any reason. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. All products are subject to availability and we cannot guarantee that items will be in stock.

RETURN POLICY. All sales are final, and no refunds will be issued.

10. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

11. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails or text messages, engaging in chats, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, text message, and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, TEXT MESSAGES, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. To opt out or change your preferences, visit the Site and edit your preferences or reply to text with STOP to cancel. Carrier message and data rates apply. Publisher disclaims all liability for delayed or undelivered messages. Electronic communication frequency varies based on user activity.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy posted on the Site, which is incorporated into and subject to this Agreement. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

13. DISCLAIMER

You understand that Publisher cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Publisher does not assume any responsibility or risk for, or costs related to, your use of the Internet. As a result of your use of the Communication Services, or the site in general, additional fees and charges from your third party service providers may apply. Publisher will not be liable in any amount for failure to perform under the Terms of Use if such failure is caused by circumstances or events beyond the reasonable control of Publisher.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Publisher.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Publisher DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. Publisher DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Publisher DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Publisher MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT Publisher, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Publisher MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Publisher does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

14. LIMITATION ON LIABILITY

PUBLISHER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Publisher AND ITS SUBSIDIARIES, AFFILIATES, ADVERTISERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Publisher FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

15. TERMINATION OR RESTRICTION OF ACCESS

Publisher reserves the right to monitor use of this Site and the Services to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Publisher reserves the right to terminate your access to the Site and the Services without notice for any reason whatsoever.

16. INDEMNITY

You will release, indemnify, defend, and hold Publisher, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against any claim, damages, or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly, or indirectly, from the receipt, enjoyment, ownership, possession, use, misuse, or inability to use the site, information provided by the site, or participation in a contest or a related activity offered through the site, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation, (i) breach of this Agreement by you, your agents, or affiliates, (ii) any condition caused by events beyond Publisher’s control that may cause the site to be disrupted or corrupted, (iii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your use of the site, and (iv) any printing or typographical errors in or on the site. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

17. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Publisher or the party that provided or licensed the trademarks, services marks, logos, and copyrighted works to Publisher. Publisher and any party that provided or licensed trademarks, service marks, logos, and copyrighted works to Publisher retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

All contents of Publisher's Web sites are: Copyright © 2021, C3 Industries, Inc. All rights reserved.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Publisher’s copyright agent the information listed below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that can claim has been infringed upon;

• A description where the material that you claim is infringing is located on the site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

C3 Industries, Inc.’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

C3 Industries, Inc.

Attn: Legal/DMCA Copyright Agent

2082 State Street

Ann Arbor, MI 48104

legal@c3industries.com

Please note that this procedure is exclusively for notifying Publisher that your copyrighted material has been infringed. ALL INQUIRIES NOT COMPLIANT WITH THE FOREGOING PROCEDURE WILL NOT RECEIVE A RESPONSE.

18. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between you and Publisher arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in Washtenaw County Circuit Court in Ann Arbor, Michigan or in U.S. District Court for the Eastern District of Michigan in Detroit, Michigan.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Publisher as a result of this agreement or use of Publisher's Web sites.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Publisher with respect to Publisher's Web sites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

Publisher may revise these Terms of Use at any time by updating this posting.

©2021 C3 Industries, Inc. ALL RIGHTS RESERVED.