TERMS OF SERVICE
DEFINITIONS
“You” and “Your” refers to the user of this website and its related services, and as such You have gained the right to use this website by respecting the applicable Terms of Service described in detail below.
Aurora Cannabis Enterprises Inc. (“Aurora”) is the exclusive owner and operator of https://aurora-genetics.myshopify.com (the “Website”).
As used in this Terms of Service Agreement, “we” and “us” mean Aurora or any successor, subsidiary, division or assign of Aurora.
“Service(s)” refers to Your use of the Website for any purpose whatsoever.
OVERVIEW
This Terms of Service agreement (the “Agreement”) sets forth the terms and conditions that apply to Your use of the Website and all Services offered by Aurora. By creating an account having a username and password You are indicating that You agree to be bound by all of the terms and conditions in this Agreement. Please print and keep a copy of this Agreement for Your records. By accessing the Website or using any Services, You consent to the terms and conditions of this Agreement.
We reserve the right to modify this Agreement at any time. Such modified Agreement will become effective and will apply to You upon our posting such modified Agreement to the Website. Your continued use of our Service or access of the Website after such a modification has been posted shall be deemed to constitute acceptance by You of any such modified Agreement. It is Your obligation to review the Agreement and to become aware of any modifications.
ELIGIBILITY
You must be 18 years of age or older to visit or use this Website or the Services in any manner. By visiting the Website and accepting this Agreement, You represent and warrant to Aurora that You: (i) are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by the Agreement; and (ii) will use the Website in a manner consistent with any and all applicable laws and regulations.
USER AGREEMENT
This Agreement constitutes Your agreement with Aurora with respect to Your use of the Service. You must abide by all of the terms and conditions of the Agreement in order to become or remain an authorized user of the Service.
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict Your access to parts or all of the Service without notice or liability and for any reason.
CONFIDENTIAL INFORMATION
All information accessible on the Website is the confidential information of Aurora, its affiliates or its subsidiaries, including all information regarding cultivars and anything relating to the business of Aurora (“Confidential Information”).
You will, at all times, limit disclosure of all of the Confidential Information strictly to those who also have an account with Aurora which allows them to separately access the Services. Each colleague, contractor or agent with whom You would like to discuss the Confidential Information is required to obtain their own separate account to access the Services.
You specifically acknowledge that the Confidential Information contains sensitive business information of Aurora. You will, at all times, protect, keep confidential and safeguard all of the Confidential Information using the same degree of care as You uses to protect Your own or Your employer’s similar information, but at least a reasonable degree of care, including: (a) promptly notifying Aurora of any actual or threatened disclosure of Confidential Information and reasonably assisting Aurora to limit and prevent any disclosure of Confidential Information; (b) not, directly or indirectly, using or copying any of the Confidential Information except as strictly necessary to further business discussions with Aurora; (c) complying with all applicable laws with respect to the Confidential Information; and (d) keeping the Confidential Information segregated from other information.
Upon request of Aurora, and in any event as soon as reasonably practicable following the termination of this Agreement, as reasonably determined by Aurora, You will immediately return to Aurora all of the Confidential Information in any form (including copies and extracts) in Your possession or control that are capable of return, and will destroy all others, and will thereafter promptly provide a certificate (of an authorized officer, if appropriate) confirming compliance herewith. You may destroy electronic Confidential Information using secure, commercially reasonable means provided that You will not directly or indirectly restore or recover such electronic Confidential Information whether through forensics, archives or otherwise (and to the extent of any inadvertent restoration or recovery, such Confidential Information will always be treated in accordance with this Agreement).
Nothing in this Agreement, nor any disclosure of Confidential Information, obligates Aurora to enter into any agreements or to proceed with any relationship, or other transactions, with You or any third party You may represent. To the extent that the Confidential Information is subject to any legal privilege, the parties agree to a commonality of interest therein, and that sharing such Confidential Information is not intended, and will not, waive or diminish its continued privilege.
PROPRIETARY INFORMATION
The Service contains Confidential Information which is proprietary to us, our affiliates and/or our subsidiaries. We assert full copyright protection in the Service and the contents of the Website. Confidential Information posted by us may be protected whether or not it is identified as proprietary to us. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of Aurora.
You acknowledge that a breach of this Agreement may cause Aurora immediate, irreparable harm for which money may be inadequate recompense. Upon any actual or threatened breach hereof, Aurora may, without limiting other remedies, seek to enforce this Agreement by injunction, specific performance or other equitable relief, without proof of actual damage or posting of any security bond.
CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
- You will keep all Confidential Information provided to You through the Service as private in accordance with this Agreement;
- You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, Aurora or its systems in any way;
- You will not cause the Service to be accessed through any automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Service; and
- You will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Website in their entirety without modification or reformulation of content.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend Your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of Your access to all or part of the Service at our sole discretion, and You may be referred to appropriate law enforcement agencies.
Aside from the obligations regarding Confidential Information, including the return or destruction of the Confidential Information and the provisions regarding ownership of proprietary information and Confidential Information, this Agreement shall terminate immediately upon Aurora terminating or suspending Your access to the Service or Your deletion of Your account. All obligations regarding Confidential Information will survive termination of this Agreement until such Confidential Information is no longer confidential.
NO RESPONSIBILITY
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
SECURITY
You are responsible for maintaining the confidentiality of Your username and password, and You will not allow anyone to use Your username or password to access any Services. You are responsible for all usage or activity on the Service by users using Your username or password, including but not limited to use of Your username or password by any third party. You agree to immediately notify Aurora of any unauthorized use of Your username or password or any unauthorized access to Your account. For Your own security, it is advisable to log out when You finish each use of the Services, especially if You are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning Your username and password.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CONFIDENTIAL INFORMATION, WEBSITE AND SERVICES IS AT YOUR OWN RISK. CONFIDENTIAL INFORMATION, WEBISTE AND SERVICES ARE PROVIDED ON AN "AS IS" AND “AS-AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL AURORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF AURORA’S AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH YOUR ACCESS OF THE WEBSITE AND YOUR USE OF SERVICES AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER AURORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF FIFTY U.S. DOLLARS ($50.00).
INDEMNITY
You hereby agree to reimburse, indemnify, defend and hold harmless Aurora and all officers, directors, owners, agents, information providers, affiliates, subsidiaries, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, expenses or other costs suffered or actually incurred by it, including, without limitation, for all legal costs on a solicitor and their own client full indemnity basis and expenses to enforce any of the Indemnified Parties rights and remedies under or with respect to this Agreement, incurred by the Indemnified Parties in connection with any claim arising out of any actual or threatened breach by You of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Aurora reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
In addition, You will remain responsible for every actual or threatened breach of this Agreement committed by any person who obtains Confidential Information from You including any third parties to whom You share the Confidential Information and any third party who uses Your username or password to access the Confidential Information, as if each such breach were committed by You.
MISCELLANEOUS
This Agreement and the Privacy Policy represents the entire agreement between You and Aurora regarding the use of our Services and supersedes any other agreement or understanding on the subject matter. This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of Alberta, Canada. As a condition of using the Services, You agree that any and all disputes and causes of action arising out of or connected with this Agreement shall be resolved through court action held in Edmonton, Alberta, Canada.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. You may not assign, transfer or sublicense this Agreement. Aurora may assign this Agreement in whole or in part. No agency, partnership, joint venture, or other form of joint enterprise, employment or fiduciary relationship is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.