Terms and Conditions

Welcome to The eLearn Cannabis Academy, LLC (TeCA) web site at theelearncannabisacademy.com. TeCA provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at theeLearncannabisacademy.com or any of our other web sites (collectively, the “Site”) operated by The eLearn Cannabis Academy, LLC or its parent company, one of its divisions or subsidiaries (collectively, “TeCA”), you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Usage, do not use any portion of the Site. TeCA reserves the right to revise these Terms and Conditions at any time by updating these Terms and Conditions of Use. Your continued use of the Site constitutes your agreement to comply with such revisions, so please visit this page from time-to- time to review such revisions.

1. Nonexclusive License

We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of TeCA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TeCA without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing TeCA’s name or trademarks without the express prior written consent of TeCA. Any unauthorized use terminates the rights granted herein by TeCA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray TeCA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TeCA logo or other proprietary graphic or trademark as part of the link without the express prior written permission of TeCA.

2. Prohibited Uses

Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under applicable Federal, State and local laws. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (iii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any TeCA employee.

You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) causes injury of any kind to any person or entity; (vii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (viii) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without the express prior written permission of TeCA. You agree that you will not use the Site for chain letter, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

3. Usage and Monitoring

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TeCA does sell products for children. If you are under 18, you may use theelearncannabisacademy.com only with involvement of a parent or guardian. TeCA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While TeCA has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, TeCA reserves the right to delete and take other appropriate action with respect to such messages, information or files with which TeCA, in its sole and absolute discretion, deems objectionable or otherwise in violation of these Terms and Conditions. TeCA further reserves the right, in its sole and absolute discretion and without notice, to deny access to the Site to anyone at any time.

If you do post or submit content of any nature, and unless indicated otherwise, you grant TeCA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or hereinafter invented. You also grant TeCA the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will fully indemnify TeCA for all claims of any nature resulting from content you supply. TECA respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately.

4. Privacy

Your use of the Site constitutes your consent to TeCA’s privacy policy posted on the Site which is updated from time to time. You may review the current TECA privacy policy at www.theelearncannabisacademy.com/privacy-policy.

5. Copyright Ownership

All content included on this Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of TeCA or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. TeCA and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.

To manage your copyright on theelearncannabisacademy.com, please contact us at:

Email: copyright@theelearncannabisacademy.com

Phone: (800) 825-3636

Address:

The eLearn Cannabis Academy
9375 E Shea Blvd. Suite 100
Scottsdale, AZ 85260

6. Trademark Ownership

TeCA™, Top CDT™, ________ and other related marks and logos are trademarks or service marks of TeCA and are protected by United States and international trademark law. They may not be used without the express written permission of TeCA and all rights associated therewith are herein reserved.

7. Web Linking and Cookies

Links may appear on the Site that may be used to link to other web sites. These links are provided as a courtesy to our visitors. TeCA has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. TeCA is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. TeCA reserves the right to terminate any link at any time.

We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called “flash cookies”), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology (“Cookies”) in connection with your use of the Service, third party websites, and mobile applications. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Service, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.

You can set some Cookie preferences through your device or browser settings but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser but can usually be found in your device or browser preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking.

8. Disclaimer and Limitation of Damages

1. TeCA is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, TeCA makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will TeCA, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.
2. Any statements and opinions appearing on the Site are those of its authors, and TeCA assumes no responsibility for such statements and opinions. Neither TeCA nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. While TeCA makes reasonable efforts to present accurate and reliable information on the Site, TeCA does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Please consult a physician or health care professional before using any of the general information that you find on the Site. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by TeCA. Please use caution and common sense in making use of any information on the Site or any other resources on the Internet.
3. Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
4. Although we do not share or sell customer profile information without your permission, including email addresses gathered on the Site with outside organizations, we make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
5. IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
6. In no event shall the Company’s total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails its essential purpose.

9. Indemnification

You agree to indemnify and hold TeCA and its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

10. Applicable Laws

TeCA operates the Site from its offices in Arizona and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations.

The display of the Site alone does not subject TeCA to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or condition.

Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Arizona as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in Scottsdale, Arizona and any and all actions brought in connection with the Site or Site content shall be submitted to binding arbitration conducted in accordance with the rules of conciliation and arbitration of the American Arbitration Association. The parties hereby consent to the arbitration being held in the County of Maricopa of the State of Arizona. Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to TeCA or any of its officers, employees, agents or representatives, such as where notice to TeCA is required by contract, or any federal, state or local laws, rules or regulations.

11. TeCA Refund Policy

Refunds, if applicable and requested, will be made within 30 days of request via the original payment method. If cancellation occurs at any time within 7 calendar days after TeCA accepts enrollment, the Customer may request a refund of all money paid to TeCA. After 7 days, TeCA may retain a $95 non-refundable administration deposit and other nonrefundable fees as applicable (e.g., payment plan fees). Cancellation after completing 60% of the modules will result in no refund. Cancellation before 60% completion of learning modules will result in a prorated refund computed on the number of completed learning modules. Refunds will not be made after 6-months from the purchase date. TeCA accepts cancellation in any manner. However, California state statutes require that Customers verify cancellation in writing. Therefore, please supplement any verbal requests with written notice within 30 days. Written notice can be in any form including email (billing@theelearncannabisacademy.com), or mail (9375 E. Shea Blvd., Suite 100 Scottsdale, AZ 85260).

12. Professional Conduct

Each person who holds a credential or certification issued by the Company must comply with all legal requirements of their credentialed profession.  In practicing the credentialed role, each person must:

• Provide optimal professional service and demonstrate excellent client care in their practice;
• Conduct themselves in a manner that merits the respect of the public and other colleagues;
• Treat each client with the utmost respect and dignity;
• Respect the confidentiality of all client and employer information;
• Practice with honesty, integrity, and lawfulness, obeying all local, state, federal and provincial laws, regulations and professional rules;
• Accept complete responsibility for their actions; and
• Respect and uphold all copyright, trademark and intellectual property rights and laws.

13. DISCLAIMER: No Provision of Professional Advice; No Guarantee

The Company, its licensors and contributors are not engaged in rendering medical, legal or other professional advice of services and the content of the Company’s products or services or its websites and marketing materials are not intended to take the place of such advice.  If such advice or other expert assistance is required, the service of a competent professional should be sought. Please consult a physician or other appropriate professional before using any of the information, services, products or other resources you may find in the content of the Company’s products or services or the Company’s websites and marketing materials, or other resources mentioned or made accessible through the Company’s websites.  The Company does not endorse, sponsor or guarantee any of the information of others, including advertisers, providers or partners, that may be accessible or made available on its websites or in its marketing materials or posted by any users who are not officers, directors, employees, representatives or agents of the Company.

14. DISCLAIMER: No Endorsement or Affiliation

Without limiting the forgoing, the Company makes no representations or warranties and assumes no liability regarding the background, suitability or qualifications who may participate in Workshops or other live events, whether as providers (independent contractors who serve as instructors or trainers, staff of the facility or other non-employees of the Company present at such events) or as recipients of the Company’s products or services.  Participants are solely responsible for making their own inquiries regarding the suitability of such individuals.