Etain, LLC Terms of Service and Use
Effective Date: March 1, 2020
The Sites and the information and data contained therein was assembled by Etain solely for informational and educational purposes, and Etain makes no claims with respect to the use or consumption of any products contained on the Sites. The information on the Sites is not intended, nor is it to be construed or relied upon in any way as medical or legal advice. Information on the Sites is not intended to assess, diagnose or treat any individual medical issue, and it should not be relied upon, for personal, legal, tax or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
User Conduct; Privacy
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Sites. You agree not to use the Sites in violation of any law or for any illegal activities, including but not limited to misrepresenting your identity in any way, violating or attempting to violate the security of any Site, tampering with information databases and software, making or attempting unauthorized entry to other networks or computers, violating trade restrictions and export control laws, violating state or federal trademark or copyright or internet gambling laws, vandalizing any Site, destroying or damaging online files, unlawfully copying or posting Etain’s licensed intellectual property (for example, its photographs, logos, and designs), including in an unlawful or infringing manner, or transmitting any unlawful, infringing, harmful, inappropriate, or otherwise objectionable material of any kind, that can cause harm or delay to any Site, any user of the Site, or Etain.
Use of the Sites, including any patterns or characteristics concerning your interaction with them, may be monitored, tracked and recorded. Anyone using the Sites expressly consents to such monitoring, tracking and recording.
Trademarks, Logos and Service Marks
The trademarks, logos and other intellectual property displayed on the Sites (the “Marks”) are the licensed property of Etain. You are prohibited from using any Marks without the written permission of Etain and the property’s licensor. All content displayed or available through the Sites is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content on any Site for any commercial, public, or unlawful purpose.
Where a Site requires the establishment of personal identification passwords or verification, you will establish commercially reasonable security procedures and controls and take appropriate actions to limit access to your password or other identifying information to prevent any compromise of your accounts by unauthorized individuals.
Etain has no control over information at any site hyperlinked to or from any Site. Etain makes no representation concerning and are not responsible for the quality, content, nature, or reliability of any hyperlinked site and are providing the hyperlinks as a convenience. The inclusion of any hyperlink does not imply any endorsement, investigation, verification or monitoring by Etain of any information in any hyperlinked site. In no event shall Etain be responsible for your use of a hyperlinked site.
Not all products described on the Sites are necessarily available in all geographical areas, and the terms and conditions of the products and services offered may differ among geographical areas.
Compliance with Jurisdictional Law
You are responsible for complying with the applicable laws regarding cannabis in your jurisdiction.
All cannabis products sold by Etain are intended for personal use only in the jurisdiction in which they are sold in full compliance with law and regulation, and are not intended for resale or transport into other jurisdictions.
New York State Specific Requirements
In New York State, medical marijuana products may only be used by the certified patient for whom they were purchased.
Products containing medical marijuana must be properly stored in the original container in which they were dispensed, and unwanted, contaminated or unusable medical marijuana products must be disposed of as required by 10 NYCRR §1004.20. As with any medication, marijuana products must be kept safely away from children.
Please consult with your certifying health care practitioner as to the use of medical marijuana products as part of your treatment. Medical marijuana products might impair the ability to drive. Medical marijuana products are for medicinal use only. Women should not consume during pregnancy or while breastfeeding except on the advice of the certifying practitioner, and in the case of breastfeeding mothers, including the infant's pediatrician. KEEP MEDICAL MARIJUANA PRODUCTS AWAY FROM CHILDREN unless medical marijuana product is being given to the child under a practitioner's care.
Products containing marijuana have not been analyzed by the Food and Drug Administration and are for medicinal use only as provided by New York law and regulation
User Representations and Warranties
THE SITES AND ALL INFORMATION AND MATERIALS CONTAINED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” ETAIN DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS, AND WE EXPRESSLY DISCLAIM LIABILITY FOR OMISSIONS OR ERRORS IN SUCH INFORMATION AND MATERIALS. ETAIN MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITES WILL BE SECURE, CONTINUOUSLY ACCESSIBLE AND WITHOUT INTERRUPTION, NOR THAT IT WILL BE ERROR FREE. THERE IS NO WARRANTY THAT ANY PRODUCTS, MATERIALS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITES WILL FULFILL ANY OF YOUR PARTICULAR NEEDS OR PURPOSES.
TO THE FULLEST EXTENT OF THE LAW, NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY OR QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION CONTENT, INFORMATION ACCESS AND ORDER EXECUTION, FREEDOM FROM COMPUTER VIRUS, IS GIVEN BY ETAIN IN CONNECTION WITH THE SITES THE MOBILE APPLICATION OR AVAILABLE INFORMATION AND MATERIALS, EVEN IF ETAIN HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT SHALL ETAIN BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, LOSSES OR EXPENSES, ARISING IN CONNECTION WITH THE SITES OR ANY LINKED WEBSITE, OR USE THEREOF OR INABILITY TO USE, BY ANY PERSON OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF ETAIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Choice of Law
This Agreement is governed by the laws of the State of New York, United States of America, without regard to its principles of conflict of laws.
Jurisdiction and Venue
You agree and hereby submit to the exclusive personal jurisdiction and venue of the State courts in Albany County, New York, and the United States District Court for the Northern District of New York, with respect to all matters relating to your use of the Sites and any information or materials available through the Sites. You hereby consent to such jurisdiction and venue.
Questions and Comments
P.O. Box 494 Katonah, NY 10536