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Terms of Use

TERMS OF USE

HEXO Operations Inc. – Hexo.com

These Terms of Use (the “Terms”) contain the terms and conditions governing access to and use of HEXO’s Hexo.com web site (the “Web Site”), any and all services, features, tools and web applications made available through the Web Site in association with HEXO’s recreational use-related business (collectively, the “Services”), and any recreational use-related products of HEXO made available via the Web Site (the “Products”). The Terms are set by 10074241 Canada Inc. (“HEXO”, “We”, “we”, “Us”, “us”, “Our” or “our”) and are accepted by you (“You”, “you”, “Your” or “your”) upon your use of the Web Site and/or any Services. These Terms govern your access and use of the Web Site and the Services. By accessing or using the functions of the Web Site and/or accessing or using the Services, you agree to be bound by these Terms, including any additional terms, guidelines, restrictions, or rules that may be posted in connection with specific sections or Services of the Web Site. All such additional posted terms, guidelines, restrictions, or rules issued by HEXO in connection with the Web Site, the Services or the Products (as the case may be) are hereby incorporated by reference into these Terms.

BY REGISTERING FOR AN ACCOUNT OR USING ANY OF THE SERVICES OR THE WEB SITE, YOU ARE SUBMITTING YOUR ACCEPTANCE TO THESE TERMS AND ARE AGREEING TO BE BOUND BY AND BE A PARTY TO THIS BINDING CONTRACT.

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT HAVE THE MINIMUM AGE REQUIRED BY LAW, OR DO NOT HAVE THE AUTHORITY TO AGREE TO THEM ON BEHALF OF YOUR ORGANISATION, YOU ARE PROHIBITED FROM USING OR ACCESSING THE WEB SITE, YOU MUST NOT REGISTER FOR AN ACCOUNT WITH US AND MUST NOT USE THE SERVICES.

  1. Changes to these Terms. HEXO may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify these Terms and/or impose new or additional rules, policies, terms, or conditions on you with respect to use of the Services and/or the Web Site, without specific notice to you. Such updates, revisions, supplements, replacements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Revised Terms”) will be effective immediately upon the Revised Terms being posted to the Web Site or by HEXO otherwise communicating them to you (as the case may be). Any continued use of the Services and/or the Web Site following such posting of the Revised Terms to the Web Site or HEXO otherwise communicating them to you, will be deemed to constitute acceptance of the Revised Terms. If we do update the Terms and you do not agree to the Revised Terms, you must stop using the Services and the Web Site.
  2. Copyright and Proprietary Rights.
    1. The Web Site contains proprietary information and material that is owned by HEXO, its subsidiaries, affiliates and/or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Without limiting the foregoing, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Web Site, all information stored on and made available through the Web Site, and all documents, reports, forms, graphics, graphs, and other materials created or made available through the Web Site and/or the Services (collectively, the “Web Site Content”), are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. You acknowledge and agree that you will not use such proprietary information, materials or Web Site Content in any way whatsoever except for use of the Services and Web Site in compliance with these Terms. All rights in the Web Site and the Web Site Content are reserved worldwide and the copying, redistribution, use or publication by you of any such Web Site Content or any part of the Web Site is strictly prohibited. It is strictly prohibited to retain, distribute, or use any portion of the Web Site or Web Site Content except as expressly allowed in these Terms. HEXO and the authors of the Web Site Content maintain all moral rights in and to all Web Site Content published on the Web Site.
    2. The Web Site may contain trademarks, service marks, logos, icons and trade-names that are the property of HEXO (collectively, the “HEXO Trademarks”) or such other party as is indicated with respect to that trademark, service mark, logo, icon, or trade-name. You are not permitted to use the HEXO Trademarks for any purposes other than those specified in these Terms.
  3. Third Party Content. The Web Site and/or the Services may contain information and materials provided to HEXO by third parties (collectively, “Third Party Content”), either as part of the Web Site or the Web Site Content or otherwise. Third Party Content is the copyrighted work of its owner, who retains all rights, title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. Any and all Third Party Content shall be subject to these Terms to the same extent as the Web Site Content. In addition to being subject to these Terms, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties.
  4. Advertising and Promotions. The Third Party Content may include advertising or promotional material of third parties and HEXO may in its discretion advertise HEXO products or services or make available advertisements and promotions through the Web Site or Web Site Content. All such advertising and promotions are subject to availability and are made available on an “as-is” basis without warranty or representation of any kind. With respect to any Third Party advertising, HEXO reserves the right to add or remove advertising to or from the Web Site and/or the Services in its discretion, for any reason or without reason, and without specific notice to you. With respect to any advertising or promotion of or relating to any product or service of HEXO, HEXO reserves the right to amend, modify, extend or cancel any such advertising or promotion in its discretion and without specific notice to you.
  5. Canadian Residents. Use of the Web Site, including the Services and Products made available through the Web Site is limited to individuals resident in Canada who have attained the age of majority applicable in the province from which the Web Site is accessed. Individuals not ordinarily resident in Canada or minors are not permitted to access or use the Web Site, Services, and Products. HEXO makes no representations, warranties, or guarantees the Web Site, Services, and/or Products are available for use in jurisdictions outside Canada. Use of the Web Site, Services, and/or Products in locations where the Web Site, Services, and/or Products are illegal is strictly prohibited. You are solely responsible for compliance with your local applicable laws, should you choose to access or use the Web Site, Services, and/or Products. HEXO is not liable for and disclaims any responsibility for any such unauthorized use of the Web Site, Services, and/or Products.
  6. Limited Right to Use. You may use the Web Site and Web Site Content for the sole purpose of accessing and using the Web Site and Services, including in connection with the use of HEXO’s Products. You acknowledge and agree that you will not use HEXO proprietary information, materials or Web Site Content in any way whatsoever except for use of the Web Site and Services in compliance with these Terms. The download, retention, use, publication, copying, or redistribution by you of any such Web Site Content is strictly prohibited, and you do not acquire ownership rights to any Web Site Content or HEXO Trademarks or other materials viewed or accessed through the Web Site.
  7. Submitted Content. All graphics, images, text, statements, feedback, comments or other information uploaded, posted, sent or otherwise made available or communicated by you to HEXO through the Web Site and/or the Services (collectively, the “Submitted Content”) will forever be the property of HEXO. You agree that HEXO shall be free to use, compile, process, adapt, disclose, reproduce, license, distribute and/or otherwise exploit the Submitted Content as HEXO sees fit in its sole discretion, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. The Submitted Content, even if designated as confidential by you, shall not, absent a separate written agreement between HEXO and you, create any confidentiality obligation for HEXO, and HEXO will not be liable for any ideas for its business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future HEXO products, services or operations.
  8. Account Administration.
    The following provisions of this Section 8 apply to the extent HEXO makes available to you an online account relating to the Web Site:
    1. You may receive an account registered with HEXO at the Web Site to enable you to use features of the Services (an “Account”).
    2. You agree to provide accurate, current, and complete information required to register or create an Account, and whenever information relating to you is required in connection with the Web Site or Services (the “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. HEXO may terminate your right to access and/or use any or all of the Web Site, an Account or the Services if any information you provide is false, inaccurate or incomplete. You agree that HEXO may store and use the Registration Data you provide for use in maintaining and managing your Account, including, if applicable, credit card information for billing fees to your credit card.
    3. You are solely responsible for controlling access to your Account, and maintaining the confidentiality and security of your Account and related password information. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify HEXO of any unauthorized use of your Account or any other security breach that you become aware of. HEXO shall not be responsible for any losses arising out of the unauthorized use of your Account.
    4. Your right to access and use the Web Site and Services is not transferable. Any password or right given to you to obtain the Services and access the Web Site is not transferable.
    5. Your access to the Web Site, an Account and/or the Services is completely at the discretion of HEXO, and we reserve the right to block, suspend or terminate your access to the Web Site, an Account and/or the Services at any time for any reason. You agree that HEXO may at its discretion and without prior notice delete your Account and any related materials including personal information, data, text, files, images and all other materials.
  9. User Conduct. You agree to use the Web Site, the Services or any functionality of the Web Site or Services, and your Account in a responsible manner that is in full compliance with these Terms, and with your local laws and regulations. You shall not, and you agree not to use the Web Site or any Services to:
    1. post or transmit any material which (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, hurtful, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane or otherwise objectionable, or (iii) contains or links to software viruses or any other computer code, files or programs designed to (or that operates to) interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Web Site;
    2. download, retain, modify, translate, use, publish, distribute, reproduce, copy, or transfer any right to use the Web Site Content, except as expressly permitted by these Terms;
    3. use or attempt to use another person’s Account, Services, or personal information, or impersonate another person or entity;
    4. remove, circumvent, disable, damage or otherwise interfere with any access control or security-related features of the Web Site or the Services;
    5. advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users of the Web Site;
    6. restrict or inhibit any other person from using or enjoying the Web Site or the Services offered through the Web Site;
    7. copy, mirror, alter, disassemble, decompile, create derivative works based on, or reverse engineer the Web Site Content or any portion thereof, including any aspect or feature of the Services;
    8. engage in practices such as “screen scraping”, “database scraping” or “automated form filling” to retrieve, test or obtain lists of users, orders or other information generated or processed by or stored via the Web Site, any Account or the Services;
    9. remove, modify or alter any HEXO copyright, trademark or other proprietary rights notices from any part of the Web Site or the Services, or upload, post or otherwise make available on or through the Web Site and/or the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right;
    10. sell, resell, license, sublicense, rent, lease, lend, market, transfer, assign, distribute, offer in a service bureau, time share, or otherwise part with or make available to any third party, in whole or in part, any part of the Web Site, any Account or the Services; or
    11. other than use of the Web Site and the Services by you in accordance with these Terms, offer, for a fee or free of charge, services consisting of processing data through the use of the Web Site or the Services.
  10. Changes to Accounts and Services.
    1. HEXO reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend an Account or any of the Services. HEXO may impose limits on all or certain features of the Services or restrict your access to part or all of the Services or the Account without notice or liability. HEXO reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services, with or without notice.
    2. Your access to the Web Site, an Account and/or the Services is completely at the discretion of HEXO, and HEXO reserves the right to block, suspend or terminate your access to the Web Site, an Account and/or the Services at any time for any reason, including non-compliance with these Terms and/or any violation of applicable laws or regulations.
  11. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff, advertisers, product and service providers, affiliates, and all parties from whom HEXO has licensed portions of Web Site Content, and their directors, officers, and employees, harmless from and against any and all liability, loss, damage, claim, cost and expense, including reasonable attorney's fees, arising out of or related to: (i) your breach of these Terms; (ii) your use of the Web Site or the Services; (iii) any action taken by HEXO as part of its investigation of a suspected violation of these Terms; or (iv) your violation of any third party intellectual property or other rights in relation to your use of the Web Site or the Services. HEXO reserves the right, subject to indemnification by you, to assume the exclusive defence and control of any matter initially subject to your defence, indemnification and hold harmless obligations herein, and you shall not in any event settle any matter without the prior written consent of HEXO.
  12. Disclaimer. THE SERVICES, THE WEB SITE, THE PRODUCTS, THE WEB SITE CONTENT, AND THE INFORMATION AVAILABLE FROM OR THROUGH THE WEB SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, A SPECIFIC RESULT OR ANY PURPOSE). ALL SUCH WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION HOSTED ON THE WEB SITE, THE WEB SITE CONTENT, AND THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HEXO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEB SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT INFORMATION AVAILABLE THROUGH THE WEB SITE OR THE SERVICES WILL BE ACCURATE OR ERROR-FREE, OR THAT THE WEB SITE, THE WEB SITE CONTENT AND/OR THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND HEXO DISCLAIMS ANY LIABILITY RELATING THERETO. YOU AGREE THAT, FROM TIME TO TIME, HEXO MAY TAKE DOWN OR REMOVE THE WEB SITE AND/OR SERVICES OR ANY FUNCTIONALITY THEREOF, FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES OR ANY OF THEM AT ANY TIME, WITHOUT NOTICE TO YOU.
  13. Exclusions and Limitations of Liability.
    1. You agree that we, and our directors, officers, employees, agents or other representatives, will not be liable for any direct, special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from or relating to: (1) suspension, loss or interruption of the Services; (2) your use of the Web Site and/or the Services; (3) interruption of the Services or any aspect or functionality of the Web Site; (4) loss or liabilities resulting from acts or events beyond our control; (5) data non-delivery, mis-delivery, corruption, destruction or other modifications; or (6) damages or consequences arising from or related to the inappropriate or unauthorized use of the Web Site, the Web Site Content and/or the Services.
    2. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS, IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, THAT MAY RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR THE SERVICES, FAILURE OF HEXO TO PROVIDE THE WEB SITE OR THE SERVICES, THE LOSS OF DATA, PERFORMANCE OF THE WEB SITE AND/OR SERVICES, NON-PERFORMANCE OF THE WEB SITE AND/OR SERVICES, AND/OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, IN ALL CASES WHETHER OR NOT HEXO HAS BEEN ADVISED OF THE POSSIBILITY OF SAME.
    3. OUR TOTAL, MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM AGGREGATE LIABILITY OF HEXO’ REPRESENTATIVES, ARISING FROM OR RELATING TO THESE TERMS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE DOLLAR ($1) CANADIAN.
    4. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THESE TERMS, ANY ACCOUNT, OR YOUR ABILITY OR RIGHT TO USE THE WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  14. Cookies. A “cookie” is a small text file consisting of alphanumeric identifiers that is placed on your hard disk by a Web page server. The identifier is then sent back to the Web page server each time the browser requests a page from the Web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. We may use cookies on a Web Site to recognise a computer when a user visits the Web Site, improve the usability of the Web Site, sign in to the Web Site and/or the Services, analyse the use of the Web Site, administer the Web Site, and personalise the Web Site for use by you. We may also make use of cookies through a Web Site for traffic analysis, advertising, and anonymous demographic profiling. By using and browsing the Web Site, you consent to cookies being used in accordance with these Terms. If you do not consent, you must disable cookies or refrain from using the Web Site and the Services.
  15. Privacy Policy. HEXO’s recreational use-related Privacy Policy is available at the following link: https://hexo.com/privacy. You consent to the collection, use and disclosure of your personal information by HEXO and/or third parties in accordance with that Privacy Policy.
  16. Electronic Messages. As part of registering an Account with HEXO or otherwise in the course of your use of the Web Site and/or Services, you may be asked whether you consent to receive commercial electronic messages from us, including, without limitation, email, push messaging or SMS messages. Such consent is not required for your use of the Web Site, Services, and/or Products. If you consent to receive electronic messages from us, such consent will be governed by the terms that you agreed to when you provided your consent. In addition, if you consent to receive such electronic messages, such electronic messages may be subject to text message and data rates from your telecom provider. If you consent to receive electronic messages from us and wish to no longer receive such electronic messages, you can click “unsubscribe” on any of those electronic messages, at any time.
  17. Proposed Service Offerings. All descriptions of proposed services are based on assumptions subject to change and you should not rely on the availability or functionality of such proposed services until they are actually offered through the Web Site.
  18. Information and Press Releases. The Web Site may contain information and/or press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in a press release or other information on the Web Site, should not be relied upon as being provided or endorsed by us.
  19. Governing Law. These Terms and all matters relating to your use of the Services and the Web Site shall be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Terms shall be brought solely in the courts of the Province of Ontario.
  20. Entire Agreement. These Terms constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.
  21. Limitation Period. Any cause of action by you with respect to the Web Site or the Services (and/or any information related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
  22. Remedies. No remedy conferred upon or reserved in our favour under these Terms will exclude any other remedy so conferred or reserved or existing at law or in equity but each will be cumulative and in addition to every other remedy given under these Terms or existing at law or in equity.
  23. Severability. Should any part of these Terms or the application thereof to any person or circumstances, to any extent, be held invalid or unenforceable, that portion shall be modified so as to be enforced to the fullest extent permitted at law and the remaining portions, or the application of such part to persons or circumstances other than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each part of these Terms shall be separately valid and enforceable to the fullest extent permitted by law.
  24. No Agency. No agency, partnership, joint venture or franchise relationship is implied, intended or created by these Terms, the provision of an Account, or the provision of any Services.
  25. No Waiver. Our failure to enforce or insist upon strict compliance with any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
  26. Choice of Language. The parties acknowledge that they require that these Terms be drawn up in the English language only. Les parties reconnaissent qu’elles ont exigé que la présente convention soit rédigée en langue anglaise seulement.
  27. Complaints. If you would like to make a complaint regarding the Services, another user, any Web Site Content or anything you have viewed on the Web Site, please submit an email to us at compliance@hexo.com with subject line that includes "Complaint". Include as much detail as possible. Please note that we are under no obligation to take any action against another user or other person unless required by law. HEXO endeavors to answer complaint e-mails within a commercially reasonable timeframe.

Last updated March 9, 2017

1. ACCESS AND USE TERMS

167151 Canada Inc. d/b/a “The Hydropothecary” (collectively, “THC”), is a licensed producer under Canada’s Marihuana for Medical Purposes Regulation. ww.thehydropothecary.com (the “Site”) is owned by THC.

In order to access and use the services provided on the Site (the "Services") or to purchase any product offered for sale through the Site (the "Products"), you must register for an account (an "Account") and agree to these terms of use, as may be amended from time to time (the “Terms”), and the THC Privacy Policy.

Acceptance

By using the Site and also by registering on the Site, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND DO NOT COMPLETE THE REGISTRATION PROCESS.

Use of Site

Only residents of Canada that are not minors may use the Site, including the Services and Products made available through the Site. A "minor" is someone who has not reached both: (a) the age eighteen; and (b) the age of majority in the applicable jurisdiction from which the Site is being accessed by the user. If you are not ordinarily resident in Canada or a minor, you are not permitted to access or use the Site.

THC makes no representation that the Site or the Services or Products are appropriate or available for use in all locations, and accessing the Site from and/or using the Services or Products in jurisdictions where the Site or the Services or Products are illegal is prohibited. If you choose to access the Site and/or use the Services or Products from a location outside of Canada, you are responsible for compliance with applicable local laws.

You may view and print out webpages from the Site for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any of the Content without THC’s prior consent. Except as expressly permitted by THC, you may not use the Site or any Content for commercial purposes.

You may not use the Site, including any webpages, text, images, sounds, software, and other data or information contained on the Site (the "Content"), for any unlawful purpose. In particular, you may not: (a) use this Site in any manner which could damage, disable, overburden or impair this Site; (b) interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (c) disrupt or interfere with any other person’s use and enjoyment of this Site or affiliated or linked sites; (d) upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs; (e) use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site; and (f) attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

You may not use any of our Services or Products for any unlawful purpose.

Registration and Password

During the registration process for your Account, you are required to create a password, and user identification (a "User ID"). Your password and User ID will identify you and associate you with a specific Account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password or Account. You agree to: (a) immediately notify THC of any unauthorized use of your Account or any other breach of security; and (b) ensure that you log out from your Account at the end of each session. You agree that you are responsible for all activities performed using your Account and that THC has no liability whatsoever for any loss, liability, or damage arising from your failure to comply with these Terms.

Not Medical Advice

The Content is provided for general informational purposes only, does not constitute a representation as to the efficacy of any of the Products and is not intended to provide, or to be a substitute for, professional medical advice.

Prior to undertaking any particular treatment option, including those made available through the Site, you must consult a physician or other qualified health care practitioner.

Any Content that may be available on or through the Site is intended for general information purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice because of something you read on the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately.

THE SITE, CONTENT AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THC IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY (INCLUDING DEATH) OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWEVER CAUSED, INCLUDING ARISING OUT OF OR IN CONNECTION WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION.

No Representations of Suitability or Effectiveness

All Products are sold only for use by Registered Clients (defined below). To the extent permitted by applicable law, THC makes no representations, warranties or conditions regarding the suitability or effectiveness of the Products for any purpose.

2. ACMPR TERMS

Services and Products

THC, through its wholly owned subsidiary, is a licensed producer under the Marihuana for Medical Purposes Regulations (Canada) (the "ACMPR") and certain of the Services and Products made available by THC through the Site are subject to the ACMPR and other applicable laws (respectively, the "Regulated Services" and "Regulated Products").

By registering an Account and using the Site, you represent and warrant to THC that you are not aware of any reason why your use of the Regulated Services or Regulated Products would violate any applicable laws.

You acknowledge and agree that the Regulated Services and Regulated Products are provided solely for the personal use by a Registered Client. You agree not to offer, provide, or make available, whether in exchange for compensation or not, the Regulated Services or Regulated Products to anyone other than the Registered Client or Clients associated with your Account.

Without limiting the generality of the foregoing, some aspects of the Services may be restricted to qualified Health Care Practitioners, as defined in the ACMPR (the "Health Care Provider Services"). If, and to the extent that, you request or register for Health Care Provider Services, you represent and warrant that you satisfy all applicable legal requirements. In particular, you represent and warrant that you are not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations.

THC reserves the right to confirm your compliance with any or all of the foregoing representations and warranties.

Registration under the ACMPR

In order to offer the Regulated Services or Regulated Products to you, THC must register either you or an individual for whom you are responsible as an eligible client (the "Registered Client"), within the meaning of the ACMPR (the "ACMPR Registration"). You agree to provide all information and original copies of such documentation as THC may require for this purpose (collectively, the "Application"). You agree that the ACMPR Registration is at all times subject to the requirements of the ACMPR, as may be amended from time to time. You further agree that THC may refuse, cancel or terminate the ACMPR Registration at any time if, at its sole discretion, THC believes that (a) any false or misleading information or documentation has been submitted in or with an Application or a request to amend a registration or (b) you are otherwise ineligible to be registered for any reason. You agree that THC has no liability whatsoever for any loss, liability, or damage arising from any refused, canceled or terminated ACMPR Registration.

The Application may include additional terms and conditions which will apply to the Regulated Services and Regulated Products (the "Regulated Terms"). You agree that your access to or use of any Regulated Services and Regulated Products is subject to the Regulated Terms. In the event of any conflict between the Regulated Terms and these Terms, the Regulated Terms shall control with respect to the Regulated Services and Regulated Products.

3. COMMERCIAL TERMS

Sale of Products

THC reserves the right, in its sole discretion, to refuse orders including, without limitation, for failure to comply with the terms of the applicable ACMPR Registration. If we believe that you have made a false or fraudulent order, THC will be entitled to cancel the order and inform the relevant authorities.

Prices

Prices for all Products are subject to change, without notice. Applicable sales taxes and shipping fees will be added prior to purchase.

Insurance

At your request, THC may, but will not be obliged to, seek pre-approval from any insurer or other similar entity, whether private or public, (an "Insurer") to invoice the Insurer on your behalf for covered Product or Services. If such pre-approval is granted, THC may, at its discretion, directly invoice the Insurer for a claim on your behalf for all or part of the cost (the "Covered Amount") of any Product or Service you order (a "Claim"), as authorized by, and subject to any limitations imposed by, the Insurer. You agree that THC will be entitled to disclose information to the Insurer as reasonably required to obtain such pre-approval or to process any Claim on your behalf, at your direction.

If the Covered Amount is less than the full price of the Products or Services you order, you will be required to pay the balance at the time of purchase. You agree that you are at all times fully liable for the costs of any Products or Services you purchase. If any Claim is not reimbursed in full by the Insurer, THC will be entitled to collect any unpaid balance from you including by charging the unpaid amount to any credit card associated with your Account without further notice to you.

3. GENERAL LEGAL TERMS

THC stands behind the quality of the Products that it sells. If you are unsatisfied for any reason, please contact us at info@thehydropothecary.ca to address your concerns.

Violation of Terms

You acknowledge that THC has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms, violate any rights of THC, interfere with any other user’s access or use of the Site, or if THC decides that your use is otherwise detrimental to the Site, THC or its suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact THC. THC may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. THC does not have any obligation or liability to you for the performance or non-performance of those activities.

Accuracy of Content

All Content, including but not limited to descriptions of processes to create derivatives, extractions, and other recipes derived from or incorporating the Products, is provided on an "as is" basis for informational purposes only and is subject to change without notice. While the Site is regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. THC assumes no liability or responsibility for any such errors, omissions or inaccuracies and make no representations about the accuracy, reliability, completeness, or timeliness of the Content. THC does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party, that appears on the Site. Under no circumstances will THC or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site. By using the Site, you acknowledge and agree that THC and its respective affiliates, shareholders, directors, officers, and employees are not and will not be subject to any liability based on any errors or omissions in the Content, whether or not any of such persons knew or should have known of any such errors or omissions in the Content or were responsible for or participated in the inclusion or omission of the Content.

Proprietary Rights

Copyright. The Site, including all Content used or accessible through this Web site other than User Content, as defined below in Section 13, are: © 2013 THC or its suppliers. All rights reserved. The Site, including all Content, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Site and Content. Nothing on the Site, or your use of the Products or Services, shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary rights of THC, its affiliates or any third party, whether by estoppel, by implication or otherwise, including any patent, trademark, copyright, trade secret, or confidential information.

Trademarks. The product names, company names and logos of THC or any affiliate used on this Web site may be trademarks, including registered trademarks of THC or an affiliate. Such product names, company names and logos of THC and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of THC or such affiliate. Other product and company names mentioned on this Web site may be the trademarks of their respective owners.

Reservation of Rights. THC and its affiliates’ products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. THC and its affiliates reserve all such rights.

Content Posted by You

You agree you are and shall remain solely responsible for the contents of any submissions you make (the "User Content"), and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

Changes to these Terms of Use and the Site

THC reserves the right to make changes to these Terms, effective when posted, and the right to change any aspect of the Site including the right to refuse or remove any of the Content, whatever the source, at any time without any notice or liability to you.

Liability Disclaimer

THC PROVIDES THE SITE AND THE CONTENT ON AN "AS IS", "WITHOUT ANY WARRANTY", AND "WITHOUT ANY LIABILITY" BASIS. THC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT AS PROVIDED ON THE SITE INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES REGARDING CURRENCY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, AND TIMELINESS OF ANY PRODUCT OR SERVICE. THC DOES NOT WARRANT THAT THE SITE, ITS SERVERS, THE CONTENT, AND ANY COMMUNICATIONS FROM THC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THC AND ITS AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, (1) YOUR USE OR INABILITY TO USE THE SITE; (2) YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED IN OR THROUGH THE SITE; OR (3) ANY OTHER MATTER RELATED TO THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THC IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE SITE, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF THC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

FROM TIME TO TIME, THC MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT ON THE SERVICES. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED AT THC’S SOLE DISCRETION. THE PROVISIONS OF THIS LIABILITY DISCLAIMER SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

THE PARTIES TO THESE TERMS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.

Limit on Damages and Claims

THE TOTAL LIABILITY OF THC TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITE OR THE SERVICES OR THE PRODUCTS IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES OR PRODUCTS WITH RESPECT TO SUCH CLAIM; OR (B) ONE-HUNDRED DOLLARS ($100.00). NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF THC TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES OR THE PRODUCTS IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS; OR (II) ONE-HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS MAY NOT APPLY TO YOU. TO THE EXTENT THAT THC MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless THC, and its affiliates, officers, directors, employees, agents, independent contractors, and other partners, for any claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the Site or Services, (b) your User Content, (c) your violation of any of these Terms or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules, or regulations. THC reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with THC in asserting any available defences.

Links to Third Party Sites

The Site may contain links to third party websites. Because THC has no control over such sites, you understand and agree that THC is not responsible for the availability of such sites and that THC does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources ("Third Party Content"). You further acknowledge and agree that THC shall 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 Third Party Content.

Governing Law, Venue, and Jurisdiction

These Terms and your use of the Site and the Services shall be governed by and interpreted in accordance with the laws of the Province of Ontario and any applicable federal laws of Canada, excluding the rules of private international law that lead to the application of the laws of any other jurisdiction. The courts of Ontario shall have the exclusive jurisdiction to hear any matter arising in connection with these Terms. You hereby attorn to the jurisdiction of the courts of Ontario for that purpose.

Nothing in these Terms will prevent THC from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.

Confidentiality

The Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between you and THC will not be liable for any damages you may suffer if you communicate confidential information over the Internet or if THC communicates such information to you at your request.

Terms and Termination

These Terms will become effective upon your acceptance of these Terms by your use of the Site or the Services, or by registering an Account, and will remain in full force and effect unless and until terminated hereunder.

Notwithstanding any other provision of these Terms, THC reserves the right to terminate any Account or limit or deny your access to the Site and/or participation in any Services or access to any Products offered by THC at its sole discretion and to remove any inappropriate content that you submit to the Site at any time without notice to you. However, if feasible, THC will use commercially reasonable efforts to provide you with notice of termination.

Currency

Unless otherwise indicated, all references to currency in these Terms or on the Site are to the lawful money of Canada.

Survival

The terms, conditions, and warranties contained in these Terms that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation, or termination of these Terms.

Entire Agreement

These Terms, together with the , constitute the entire agreement between you and THC with respect to the Site, the Content, the Services, the Products, your Account, and any information obtained through the Site by communication with THC personnel. These Terms, together with the Regulated Terms and the THC Privacy Policy, constitute the entire agreement between you and THC with respect to the Regulated Services and Regulated Products. If any provision of these Terms, the Regulated Terms or the THC Privacy Policy, is held invalid, the remainder of these Terms, the Regulated Terms and the THC Privacy Policy, as applicable, shall continue in full force and effect.

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