This site (borealisbuds.ca) is owned and operated by, or on behalf of Borealis Buds, a leading Canadian licensed retailer of high-quality medical and recreational cannabis. We’ve designed this site to be useful and informative. We hope we’ve succeeded – and we hope you will let us know how we can make it even better.
All we ask in return is that you abide by the terms and conditions that follow. Please read the terms and conditions and the Privacy Policy carefully, because your access to this site is provided conditional on your acceptance of the terms and conditions of use set forth below (the “Terms and Conditions”) and the Privacy Policy. When you use our site, or any of our Services accessible through or relating to the site, you automatically agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use our site or the services available through the site (the “Services”).
Borealis Buds has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at our site. Please check the Terms and Conditions frequently for updates by checking the date of “Last Update” at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of our site immediately. Your continued use of our site after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of our site and do not alter the terms or conditions of any other agreement you may have with Borealis Buds.
Intellectual property rights
Borealis Buds either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content that is made available to you on our site, or has obtained the permission of the owner of the intellectual property in such content to use the content on our site. Our site, including without limitation all content on our site, may be protected by Canadian, US, and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the content on our site by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of our site and to prevent any unauthorized copying of the content on our site. Any software, as well as any files, images generated by such software, code and data accompanying such software (the “Software”), used or accessible through our site is the copyrighted work of Borealis Buds or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the our site. For greater certainty, Borealis Buds 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. Borealis Buds reserves all such rights. Certain names, graphics, logos, icons, designs, words, titles and phrases on our site constitute trademarks, trade names, trade dress and associated products and services of Borealis Buds or its affiliates and may be protected in Canada, the US, and internationally and their display on our site does not convey or create any license or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of Borealis Buds is strictly prohibited. In order to indicate which items are protected, Borealis Buds may, without limitation, use an * symbol which refers to a footnote explaining the intellectual property rights of Borealis Buds (as shown at the bottom of these Terms and Conditions); may use a T or a ® symbol; or may use a differentiating font style. Other trademarks, trade names, trade dress and associated products and services mentioned on our site may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on our site does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.Borealis Buds considers all of its intellectual properties to be very important assets of Borealis Buds and will protect them from unauthorized use by others. Except as expressly provided herein, Borealis Buds does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trademark, copyright, trade secret, or confidential information, of Borealis Buds or of any other contributor of content to our site.
Conditions of acceptable use
You agree to the following terms of what is considered to be acceptable use of this Site and the Services:
You agree not to re-use material from our site. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you first obtain our written consent.
You agree not to modify the materials from our site or use them for any other purpose; if you do, you will be violating our intellectual-property rights.
Borealis Buds grants to you a non-exclusive, non-transferable, non-sublicenseable, revocable, limited license to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on our site, for personal or educational purposes only, provided that:
you do not modify or misrepresent any such content; and you include with and display on each copy of such content the associated copyright, trademark, or other proprietary notices (that is, the line at the bottom of this page, and the symbols next to our designs) and this limited license. Content authorized for release to media can also be displayed, printed, downloaded and used in keeping with the normal practices governing the release of authorised material by other means.
No other use of this site is permitted. Without limiting the foregoing, you may not, nor may you allow others to, directly or indirectly:
remove, from any copy of the content on our site, the copyright or other proprietary notices contained in the content on our site; sell, modify or attempt to modify the content of our site in any way or reproduce or publicly display, perform, or distribute or otherwise use any content on our site for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the content on any other web site; or transfer any of the content on our site to any other person without the prior written consent of Borealis Buds; print or copy any of the HTML or other computer software that is accessible at our site; use our site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, our site or any services, system resources, accounts, servers, networks, affiliated or linked site, connected to or accessible through our site (including without limitation uploading, posting or otherwise transmitting on our site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on our site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from our site or the content on our site in whole or in part); use or attempt to use another’s account, password, or other information in connection with our site without prior written authorization from Borealis Buds; create or use a false identity on our site, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to our site; or send to our site or Borealis Buds any incomplete, false or inaccurate information; or disrupt or interfere with any other person’s use or enjoyment of our site or affiliated or linked site, or any services thereof; or delete or revise any of the content posted on our site.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of content on our site, and that you will comply with all laws that apply or may apply to your use of activities or content on our site or in respect of the content on our site. Borealis Buds will investigate occurrences that may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Borealis Buds reserves the right at all times to disclose any information regarding your usage of content on our site as necessary to satisfy any law, regulation or governmental request.
Warranties and disclaimers
Borealis Buds does not make any, and expressly disclaims all, representations, warranties, covenants, and conditions, express or implied, by operation of law or otherwise, including without limitation any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade, regarding our site. Furthermore, the use and access to this site and the download of material from this site is done at your own risk.
For greater certainty,Borealis Buds does not represent or warrant (1) that our site will continue to operate, operate without interruptions or be error-free; (2) the quality, accuracy, completeness or suitability of any claims, statements or information on our site; (3) that defects in our site will be corrected; (4) that our site are free of viruses or other harmful components; or (5) that successful results or outcomes will result from properly following any instructions or directions contained in the materials on our site. Our site is provided “as is” without warranty or condition of any kind. Our site may include inaccuracies or typographical errors.
User content
Borealis Buds is eager to receive your comments and answer your questions about our products and our company. However, we are not seeking, nor can we accept, unsolicited ideas, suggestions or materials relating to the development, design, manufacture or marketing of our products. By adhering to this policy, we hope to avoid subsequent misunderstandings among members of the public who submit comments or ideas. Borealis Buds will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do submit material to us:
All remarks, suggestions, ideas, graphics, or other information (collectively, “Ideas”) that you communicate to Borealis Buds sthrough our site (other than information we promise to protect under our Privacy Policy), become and remain our property, even if this agreement is later terminated.
This means that we do not have to treat any such Ideas as confidential; You can not sue us for using the Ideas you submit (including, but not limited to, product or advertising ideas); If we use your Ideas — or anything similar to them — we do not have to pay you or anyone else for them; We will have exclusive ownership of all present and future rights to the Ideas; and We can use the Ideas for any purpose, without compensating you or anyone else for them. You agree not to assert any ownership right of any kind in the Ideas (including, but not limited to copyright, trade mark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
You acknowledge that you are responsible for any submission you make — in other words, you acknowledge that you (and not Borealis Buds) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Postings to this site and electronic mail delivered to Borealis Buds are not confidential, and Borealis Buds shall not be liable for any use or disclosure thereof. All communications and other materials (including, without limitation, unsolicited ideas, suggestions or materials) you send to this site or to Borealis Buds may be used by Borealis Buds for any purpose whatsoever, commercial or otherwise, without compensation.
In order to ensure the communication of critical information to our Registered Users, Registered Users will be able to subscribe to the Borealis Buds newsletter. Once subscribed, you may opt out of this newsletter at any point via the unsubscribe link at the end of every email.
Limitations on liability
You agree that in no event will Borealis Buds, its advertising and promotional agencies, and their respective affiliates, directors, officers, members, owners, partners, employees, agents, representatives, successors and assigns (collectively, “Representatives”), have any responsibility or liability in connection with our site for any loss or damages whatsoever, whether based in contract, negligence or other legal basis, including without limitation direct, indirect, special, punitive, economic, incidental, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, our site, the content of our site or any linked web site, or the failure of our site or such linked web sites, (including without limitation, any damages suffered as a result of omissions or inaccuracies in our site or such linked web sites, or any content thereon; the failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure; or the transmission of confidential or sensitive information to or from our site or such linked web sites) even if the Representatives, or any of them, been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.
You agree to release, indemnify and hold harmless Borealis Buds and the Representatives, and such other additional persons as are identified in the terms, conditions and rules which govern specific promotions, contests or other programs on our site as being released from liability and/or indemnified by you (collectively referred to herein as the “Releasees”) from all liability relating to or arising in connection with your use of our site including injuries, loss or damage of any kind, whether to persons, including death, or property, or otherwise, resulting in whole or in part, directly or indirectly, in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to our site, the content of our site or any linked website, and including without limitation liability arising from negligence, and reasonable legal and accounting fees. You acknowledge and agree that the Releasees have not made, and are not liable for, any representation, warranty or condition in respect of our site.
Unless otherwise specified, the materials in our site are presented to provide information about Borealis Buds and its products and Services. The products and Services referred to in this site are available in Canada and may not be available in your country.
If you use our site from locations outside Canada, you do so on your own initiative and are responsible for compliance with any applicable local laws. Accessing the content of our site from locations where their contents are illegal is prohibited.
Borealis Buds may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of our site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, its site (ii) adding, removing or changing any fees or charges for use of our site or any other site-related Services or any features thereof; (iii) removing, adding, modifying or otherwise changing any content on our site. Borealis Buds reserves the right, in its sole discretion, to correct any errors or omissions in any portion of our site at any time without notice, but confirms that it has no duty to do so.
Governing law
By accessing our site, you agree that all matters relating to the access to, or use of, our site shall be governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. You agree not to export any of the Content accessible through our site in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms and Conditions.
Additional Terms of Use
When Additional Terms of Use will apply
Certain areas of our site may be subject to additional terms of use (including such terms as govern specific promotions, contests or other programs on our site) (the “Additional Terms of Use”). You agree that by using such areas, or any part thereof, you agree to be bound by the Additional Terms of Use applicable to such areas. These Terms and Conditions, together with the Privacy Policy and the Additional Terms of Use, constitute the entire agreement between Borealis Buds and you with respect to the subject matter hereof (the “Agreement”), and supersede all communications, representations or agreements, either oral or written, between Borealis Buds or its affiliates and you with respect to this subject matter. In the case of any conflict between the Terms and Conditions and the Additional Terms of Use, the Terms and Conditions shall govern.
Limitation on bringing a claim
Any cause of action you may have with respect to your use of our site or which is the subject of the Terms and Conditions must be commenced within two (2) year after the claim or cause of action arises.
Severing unenforceable terms
If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.
Waiver and amendment
No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Borealis Buds. Borealis Buds’ failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms and Conditions shall be made except by a revised posting on this page.
Assignment
Borealis Buds may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.
Dispute resolution
To the extent permitted by applicable law, unless Borealis Buds agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Services, this site, these Terms or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. The foregoing does not, however, preclude Organigram from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
Miscellaneous provisions
The Terms and Conditions shall endure to the benefit of Borealis Buds and its affiliates. Any and all references in the Terms and Conditions to Borealis Buds and its affiliates shall, where the context so permits, include Borealis Buds’ parent companies, sister companies, related and affiliated companies and their respective directors, officers, employees, contractors and agents.
The headings contained herein are for convenience only and shall have no legal or interpretive effect.
Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on our site.