Terms of Use
CannAssist.com is a unique service created and maintained for the use of of our customers. By using the CannAssist.com(SM) you are agreeing to follow and be bound by these terms of use, which might change at any time. You should read and understand this notice before using CannAssist.com.
CannAssist.com Terms of Use – December, 2006
This agreement (the “Agreement”) contains the terms and conditions on which CannAssist.com offers its services (the “CannAssist Doctor Services” and “The CannAssist Cannabis Provider Services). The CannAssist Services may consist of: (i) Adding or editing new patients; (ii) Verifying Patients (iii) Advance Notifications.
CannAssist.com is not for use in emergency or urgent situations. Patients are directed to contact local emergency forces on such an occasion
Please read this Agreement carefully. It is a legally binding contract. By clicking “I Agree” below and accessing or using the CannAssist services, you agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to access or use the CannAssist Services and/or any of its components.
1. AUTHORIZED USER REQUIREMENTS
1.1 Permitted Users. To use the CannAssist Services, you must be a licensed physician or other licensed medical cannabis dispensing collective. CannAssist Services (such licensed physician or other licensed healthcare professional a “Provider”) or a non-physician staff member or other individual authorized to use the CannAssist Services by a Provider that has agreed to this Agreement (an “Authorized User”). By registering to use and using the CannAssist Services, you warrant and represent that you have reasonable and customary levels of malpractice and related liability insurance coverage for you and any Authorized User, including but not limited to coverage for electronic messaging for patient encounter and treatment situations. If you are registering on behalf of a Provider group (a “Group”), you represent and warrant that you have the authority to accept this Agreement on behalf of all Providers associated with the Group that wish to use the CannAssist Services, including contract Providers, and to bind such Providers to the terms of this Agreement and that each such person is properly licensed.
1.2 Compliance with Laws and Regulations. You and/or any other person on whose behalf you are acting in entering into this Agreement agree to use the CannAssist Services in a manner consistent with all applicable professional and ethical standards and requirements, local, state, and national laws and regulations, and otherwise in accordance with this Agreement.
1.3 Definition of You. For purposes of this Agreement, the term “you” shall include each Provider and each Authorized User (and such authorizing Provider is responsible for ensuring such Authorized User’s compliance with this Agreement). If the CannAssist Services are being utilized by a group practice or professional corporation, it is understood and agreed that the term “you” shall include each licensed Provider associated with or employed by the group practice or professional corporation who uses the CannAssist Services, and each such person shall be deemed to have accepted this Agreement.
1.4 Registration Fee. You agree to pay CannAssist an access fee as may be agreed to with CannAssist pursuant to a written Fee Addendum executed between you or your medical group and CannAssist.com or such other agreement you may have with CannAssist for use and access to the CannAssist Services. You agree that CannAssist may charge the access fee and any other fees to which you become obligated hereunder to your credit card at the beginning of each month and failure to provide valid and sufficient information to charge your card will result in the termination of your ability to use or access the CannAssist Services.
1.5 Provider-Patient Relationship. CannAssist Services shall be solely provided pursuant to an established Provider-patient relationship and related to the treatment of your patient.
2. ADD / EDIT PATIENT
Patient Add Services. You may make available to your patients a CannAssist
ID number. You are solely responsible for the information contained
in your treatment response.
CannAssit makes no warranty as to the content of any treatment response. You are responsible for verifying the accuracy, reliability and completeness of the information contained in your treatment response. Nothing contained in the CannAssist.com Services shall be construed, directly or indirectly, as the practice of medicine or dispensing of medical services by CannAssist.
3. NEWSLETTERS, MESSAGES AND OTHER ONLINE RESOURCES.
3.1 Information and Messages. CannAssist may make available on-line general information resources (“News”) including (a) common medical and health related topics for use in developing customized newsletters, (b) mass-personalized preventive care electronic communication messages, (c) links to other related web sites, (d) and messages regarding the CannAssist service. This News is not comprehensive medical text and does not include all the potential information regarding the subject matter. The News shall not be relied upon as a substitute for patient-specific medical diagnosis and treatment or health care consultation and are not a substitute for seeing an appropriate health care professional for medical treatment.
3.2 Information for News. The News is compiled from a variety of providers and/or other third parties and should not be considered authored by CannAssist. CannAssist makes no warranty as to the content of the News and you are not authorized to use CannAssist’s name, logo, trademark or other service mark or refer to CannAssist in any manner with respect thereto. You are responsible for verifying the accuracy, reliability and completeness of the News. The News is the property of CannAssist or its licensors and is protected by copyright, trademark, and other intellectual property laws. CannAssist retains all right, title and propriety interest in the News (including by way of example newsletter format, styles and design). Your license to use of the News provided by CannAssist or its licensors is revocable and non-transferable.
3.3 No Medical Diagnosis. The News is not intended to be instructional for medical diagnosis or treatment, and shall not be construed, directly or indirectly, as the practice of medicine or dispensing of medical services by CannAssist.
3.4 CannAssist Communications. From time to time, CannAssist may elect to provide certain newsletters or messages to your patients directly based upon demographic criteria determined by CannAssist. CannAssist will provide advance notification of any such communication and will identify which of your patients will receive the communication. You may restrict or modify the patients selected to receive communications or prevent CannAssist from providing communications to your patients at any time.
4. CannID. CannID enables Providers (Doctors) to transmit recommendation/verification information to Providers (Cannabis Providers). You have the ability to assign your recommendation / verification privileges to another Provider and/or Authorized User. By any such assignment, you represent and warrant that the assignee is authorized under all applicable laws, rules and regulations to provide such services. If you are a member of a Group, any Group Administrator for your Group will have the ability to assign your recommendation/verification privileges to another member of the Group and upon any such assignment; the Group Administrator will provide notification to yourself. A Group Administrator may also remove a Group member’s recommendation/verification privileges. The assignment of all recommendation/verification privileges shall be reflected in the “Providers in Group” and “Employees in Group” sections of the Settings area. You agree to review and monitor these sections on an ongoing basis to ensure the proper assignment of recommendation/verification privileges. You represent and warrant that you agree to all recommendation/verification privileges assigned to the members of your Group as reflected in the Settings area.
5. CannAssist Account
5.1 Content. CannAssist creates for you a CannAssist account which, to a limited extent, you may customize to include content you create or for which you secure permission from third parties to use. You are responsible for obtaining permission to use all items of such content.
5.2 Use. You agree and warrant that your CannAssist Account will not be used by you for any unlawful activities. You will not post, link to, transmit, or store any content or other information or communication that is prohibited by law, regulation and/or statute or is otherwise inconsistent with professional practice. You shall not do any of the following with or through your Practice Web Site:
Use, or attempt to modify, or manipulate, your CannAssist Account, the CannAssist web site, the CannAssist Services or any of the hardware or software thereof in order to: (i) invade the privacy of, obtain the identity of, or obtain any personal information about any other user that is not otherwise deliberately made available thereon; (ii) modify, erase, or damage any information contained on the computer of any user connected thereto; or (iii) reverse engineer any portion of the hardware or software thereof.
5.3 Site Monitoring. CannAssist may elect at its sole discretion to monitor some, all, or none of the areas of your CannAssist Account for adherence to the terms of this Agreement and its policies. If CannAssist is notified or otherwise becomes aware of actions, of you or any user of your CannAssist Account, that are alleged not to conform to this Agreement or CannAssist otherwise believes is inappropriate, CannAssist may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of content from your CannAssist Account or suspend or terminate this Agreement and/or your CannAssist Account. CannAssist shall have no liability or responsibility to you in respect of its performance or non-performance of such activities.
6. NETWORK COMMUNICATIONS.
6.1. Email Address. You agree to keep this email address current, and hereby grant CannAssist permission to communicate with you using this email address. To enable efficient, cost-effective communication across the network, CannAssist requires an email address from all network users. You may opt-out of regular network communications by providing notice to CannAssist.
6.2 Messages and Content. You agree to be solely responsible for the accuracy of the content of the healthcare messages and any other content you post on the CannAssist site whether on your designated URL pages or elsewhere.
6.3 Costs. You agree to be solely responsible for all costs incurred by you to connect to the CannAssist Services, including but not limited to obtaining and maintaining all telephone, computer and other equipment necessary.
6.4 Patient Verification. You agree to be solely responsible for verifying the identity and authenticity of the patients who identify themselves to you and with whom you or your Authorized Users communicate through the CannAssist Services.
7. PRIVACY POLICY. You and CannAssist agree to comply with CannAssist’s Privacy Policy, the terms of which are incorporated herein by reference as if the same where fully stated herein, as such policy may be amended from time to time.
8. OPERATIONS. CannAssist reserves complete and sole discretion with respect to the operation of the CannAssist Services. CannAssist may, among other things withdraw, suspend or discontinue any functionality or feature. You are responsible for developing and maintaining procedures to protect your information. For the sole purpose of CannAssist’s internal operation and system maintenance or as may otherwise be permitted by you, CannAssist may use, copy, display, store, translate, and reformat your information, and distribute such information to multiple computer systems in accordance with CannAssist’s Privacy Policy. CannAssist does not guarantee that such procedures will prevent the loss or alteration of, or improve access to your information. Except as provided for under this Agreement or applicable law, CannAssist is not responsible for maintaining data arising from use of the CannAssist Services. CannAssist will handle and maintain data in accordance with its internal operating procedures. CannAssist is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.
9. DURATION AND TERMINATION OF AGREEMENT. This Agreement shall commence upon the date you first access or use the CannAssist Services and/or complete the registration process therein and will continue unless terminated by either party. Either you or CannAssist may terminate this Agreement and your right to use the CannAssist Services at any time, with or without cause, upon notice. CannAssist also reserves the right to terminate or suspend your use of or access to the CannAssist Services for any reason, without prior notice, but CannAssist will confirm such termination or suspension by subsequent notice. This Agreement and the licenses granted hereunder shall terminate without notice in the event you (or any individuals who are “patients” pursuant to your subscription) fail to comply with the terms and conditions of this Agreement, or the rules for use of the CannAssist Services promulgated by CannAssist from time to time. Upon any termination, you will destroy all copies of CannAssist Materials in your possession and cease any access to or use of the CannAssist Services.
10. CHANGES TO THE TERMS OF THIS AGREEMENT. Upon at least ten (10) days prior notice, CannAssist may modify this Agreement including, but not limited to, changing the nature and extent of services offered and/or changing any fees or charges; provided that no notice shall be required for cosmetic/non-substantive changes to the Agreement. Notice for the purposes of the preceding sentence shall include posting links to the modified version of this Agreement, with an indication that change(s) have been made and/or by means of a general notice via electronic mail to your e-mail address on record with CannAssist. Your continued use of CannAssist Services following the effective date of any such change shall be deemed acceptance of such change.
11. LEGAL NOTICES
11.1 LIMITATION OF LIABILITIES. IN NO EVENT SHALL CANNASSIST NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE FEES PAID DURING THE PRECEDING TWELVE MONTHS, OR (ii) IN THE EVENT NO FEES WERE PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CANNASSIST NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CANNASSIST IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.
CannAssist is not responsible, directly or indirectly, for any claims, causes of action, liabilities, damages and expenses (including, without limitation, attorneys’ fees) arising out of or in any way related to any act or omission of a Provider or Authorized User that violates any legal, ethical and/or professional rule, regulation, issuance, guidance, standard or code of conduct when providing services via the CannAssist Services.
11.2 DISCLAIMER OF WARRANTIES. THE CANNASSIST SERVICES AND ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CANNASSIST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS, INFORMATION PROVIDERS AND SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE CANNASSIST SERVICES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS AGREEMENT. CANNASSIST DOES NOT WARRANT THAT THE CANNASSIST SERVICES AND ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED THEREIN WILL SATISFY YOUR REQUIREMENTS OR ARE WITHOUT DEFECT OR ERROR. CANNASSIST DOES NOT WARRANT AGAINST HUMAN OR MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA.
11.3 CERTAIN JURISDICTIONS. TO THE EXTENT ANY OF THE LIMITATIONS OF LIABILITY OR DISCLAIMERS OF WARRANTIES PROVIDED IN THIS SECTION 12 ARE RESTRICTED BY APPLICABLE LAW IN CERTAIN JURISDICTIONS, SUCH LIMITATIONS OF LIABILITY SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.
12. HIPAA BUSINESS ASSOCIATE PROVISIONS.
12.1 Definitions.
a. “Individual” shall have the same meaning as the term
“individual” in 45 CFR § 164.501 and shall include
a person who qualifies as a personal representative in accordance with
45 CFR § 164.502(g).
b. “Privacy Rule” shall mean the Standards for Privacy of
Individually Identifiable Health Information at 45 CFR Part 160 and
Part 164, Subparts A and E.
c. “Protected Health Information” shall have the same meaning
as the term “protected health information” in 45 CFR §
164.501, limited to the information created or received by CannAssist
from or on behalf of you.
d. “Secretary” shall mean the Secretary of the Department
of Health and Human Services or his designee.
12.2 Obligations and Activities of CannAssist.
a. CannAssist agrees to not use or disclose Protected Health Information
other than as permitted or required by this Agreement or by law.
b. CannAssist agrees to use appropriate safeguards to prevent use or
disclosure of the Protected Health Information other than as provided
for by this Agreement.
c. CannAssist agrees to report to you any use or disclosure of the Protected
Health Information not provided for by this Agreement of which it becomes
aware.
d. CannAssist agrees to ensure that any agent, including a subcontractor,
to whom it provides Protected Health Information received from, or created
or received by CannAssist on behalf of you, agrees to the same restrictions
and conditions that apply through this Agreement to CannAssist with
respect to such information.
e. CannAssist agrees to make internal practices, books, and records,
including policies and procedures and Protected Health Information,
relating to the use and disclosure of Protected Health Information received
from, or created or received by CannAssist on behalf of, you available
to the Secretary, in a time and manner designated by the Secretary,
for purposes of the Secretary determining your compliance with the Privacy
Rule.
f. CannAssist agrees to document such disclosures of Protected Health
Information and information related to such disclosures as would be
required for you to respond to a request by an Individual for an accounting
of disclosures of Protected Health Information in accordance with 45
CFR § 164.528.
12.3 Permitted Uses and Disclosures by CannAssist. Except as otherwise limited in this Agreement, CannAssist may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, you as specified herein, provided that such use or disclosure would not violate the Privacy Rule if done by you or your minimum necessary policies and procedures.
12.4 Your Obligations.
a. You shall notify CannAssist of any limitation(s) in its notice of
privacy practices in accordance with 45 CFR § 164.520, to the extent
that such limitation may affect CannAssist’s use or disclosure
of Protected Health Information.
b. You shall notify CannAssist of any changes in, or revocation of,
permission by Individual to use or disclose Protected Health Information,
to the extent that such changes may affect CannAssist’s use or
disclosure of Protected Health Information.
c. You shall notify CannAssist of any restriction to the use or disclosure
of Protected Health Information that you have agreed to in accordance
with 45 CFR § 164.522, to the extent that such restriction may
affect CannAssist’s use or disclosure of Protected Health Information.
12.5 Permissible Requests. You shall not request CannAssist to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by you.
12.6 Security Rule. CannAssist agrees (a) to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the EPHI CannAssist creates, receives, maintains, or transmits on behalf of you; (b) to ensure that any agent, including a subcontractor, to whom it provides EPHI that was created, received, maintained, or transmitted on behalf of you agrees to use reasonable and appropriate safeguards to protect the EPHI; and© to report to you any use or disclosure of any security incident of which CannAssist becomes aware. For the purposes of this Section 12.5, EPHI shall mean Protected Health Information that is transmitted by or maintained in electronic media and Security Incident shall mean the attempted or successful unauthorized access, use, disclosure, modification or destruction of information or interference with the system operations in an information system.
12.7 Survival. The provisions of this Section 13 shall survive any termination of this Agreement. Upon termination of this Agreement, it will be infeasible for CannAssist to return or destroy most of the Protected Health Information provided by you to CannAssist, or created or received by CannAssist on behalf of you. Accordingly, the protections afforded herein shall continue to be extended to all of such retained Protected Health Information and CannAssist shall limit further uses and disclosures of such retained Protected Health Information to those purposes that make the return or destruction infeasible, for so long as CannAssist maintains such Protected Health Information. CannAssist shall provide to you notification of the conditions that make return or destruction infeasible upon termination. CannAssist shall return or destroy that portion of the Protected Health Information for which it is feasible to do so upon termination. This Section 12.6 shall apply to Protected Health Information that is in the possession of subcontractors or agents of CannAssist.
13. INTELLECTUAL PROPERTY.
13.1 Copyright Materials and Other Intellectual Property.
The information available through the CannAssist Services is the property
of CannAssist Corporation or its licensors and is protected by United
States copyright, trademark, and other intellectual property laws and
may be displayed, reformatted, and printed only for your personal, non-commercial
use. You agree not to reproduce, retransmit, distribute, disseminate,
sell, publish, broadcast, or circulate the information owned by CannAssist
or its licensors received through the CannAssist Services to anyone,
including but not limited to others in your organization. Any copy made
of information obtained through the CannAssist website must include
the copyright notice. Use, reproduction, copying, or redistribution
of CannAssist’s logos is strictly prohibited without written permission
from CannAssist. All software and accompanying documentation made available
for download from the CannAssist Services is the copyrighted work of
CannAssist or its licensors. The copyright holder retains software and
documentation ownership. Ownership is not transferred to you; rather,
you are licensed to use the software and documentation.
13.2 Trademarks.
CannID is a registered trademarks of CannAssist.com. All other CannAssist
services, service names and proprietary tools, including, but not limited
to CannAssist and Cannassist.com are trademarks of CannAssist. All other
brands and names are the property of their respective owners. Nothing
contained on the CannAssist Services should be construed as granting
any license or right to use any trademark displayed on this site without
the express written permission of CannAssist Corporation or such third-party
that may own the trademark.
13.3 Limited License.
Subject to this Agreement, CannAssist hereby grants you a limited, revocable,
non-transferable and non-exclusive license to use the software, network
facilities, content and documentation on and in the CannAssist Services
to the extent, and only to the extent, necessary to access, explore
and otherwise use the CannAssist Services in real time. You agree not
to reproduce or copy any documentation, content, text, data, graphics,
images, audio or video clips, interfaces or other materials or works
of authorship (“CannAssist Materials”) in or on the CannAssist
Services unless such reproduction or copying is expressly restricted
or limited with respect to such portion of the Material.
The license granted herein does not permit you, and you agree not to:
(a) modify, translate, reverse engineer, disassemble, decompile or create
derivative works of the CannAssist Materials or any other part of the
CannAssist Services or allow a third party, whether directly or indirectly
(including, but not limited to the direct or indirect use of wizards,
agents, bots, or other utilities), to modify, translate, reverse engineer,
disassemble, decompile or create derivative works of the CannAssist
Materials or any other part of the CannAssist Services, except as expressly
permitted in writing by CannAssist or by law; or (b) transfer, distribute,
sell, lease, rent, disclose or provide access to the CannAssist Materials
or any other part of the CannAssist Services to any third party or use
the CannAssist Materials or CannAssist Services to provide service bureau,
time sharing or other services to third parties.
14. MISCELLANEOUS
14.1 Record Retention. CannAssist reserves the right to maintain, delete
or destroy all communications and materials posted or uploaded to the
CannAssist Services pursuant to its internal record retention and/or
destruction policies as such policies may be amended. At a minimum,
CannAssist will retain information as long as required by any applicable
law or regulation. Copies of CannAssist’s record retention and/or
destruction policies are available to you upon written request.
14.2 Third Party Sites. Although the CannAssist may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by CannAssist. CannAssist takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does CannAssist take responsibility for the privacy policies and practices of these third-party links.
14.3 Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CANNASSIST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH A PATIENT, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF OR PROVIDING OF SERVICES THROUGH CANNASSIST, OR ANY NEGLIGENT OR WRONGFUL USE OF CANNASSIST’S SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.
14.4. Third Party Rights.
The provisions of paragraphs 14.3 (Indemnification) and paragraphs 11.1
(Limitation of Liability) are for the benefit of CannAssist, its affiliates
and CannAssist Payors. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly against you
on its own behalf.
14.5 Survival. The provisions of paragraphs 7 (Privacy), 11 (Legal Notices), 12 (HIPAA), 13 (Intellectual Property), 14.3 (Indemnification) and 14.4 (Third Party Rights), and any liabilities or payment obligations that have accrued prior to termination, shall survive any termination of this Agreement. All licenses granted by CannAssist under this Terms of Use shall be revoked as of the termination of this Agreement.
14.6 Notice. CannAssist may deliver notice to you under this Agreement
by means of electronic mail to the e-mail address you provided CannAssist
in registration, by a general notice on the CannAssist Web site, or
by written communication delivered by first class U. S. mail or express
courier to your address on record in the CannAssist Services account
information. You may give notice to CannAssist at any time via electronic
mail to CannAssist or by letter delivered by first class postage prepaid
U. S. mail or overnight courier to:
CannAssist.com
2505 West 6th Street, Suite 308, Los Angeles, Ca 90057
Electronic Mail: customerservice@cannassist.com
14.7. Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
14.8 Entire Agreement. This Agreement, together with any CannAssist rules or policies referred to herein, represents the complete agreement between you and CannAssist concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. CannAssist may modify this Agreement as set forth above.
14.9. Assignment. You may not assign, transfer or delegate this Agreement or any part of it without CannAssist’s prior written consent. CannAssist may freely transfer, assign or delegate all or any part of this Agreement, and any rights and duties thereunder, upon the giving of notice. This Agreement will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
14.10 Waiver. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Agreement, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.
14.11 Members of CannAssist Payors. For any use of the CannAssist Services with a Plan Member Patient (as defined below), you agree to review the Legal Notices page for any specific guidelines required by the CannAssist payor of which such Plan Member Patient is a member and to comply with any and all provisions of such applicable guidelines, the provisions of which shall be incorporated herein with respect to the Plan Member Patient. A Plan Member Patient shall mean a patient that: (a) is a member of a health plan of a CannAssist payor; and (b) has received CannAssist Services for which you intend to seek compensation.
14.12 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law rules that may give a contrary result. You agree that any legal action or proceeding between CannAssist and you for any purpose concerning this Terms of Use shall be brought exclusively in a court of competent jurisdiction sitting in Los Angeles County, California, United States. You agree to submit to the personal jurisdiction of, and that venue is proper in, any federal or state court in Los Angeles County, California, United States. Any cause of action or claim you may have with respect to CannAssist must be commenced within one (1) year after the claim or cause of action arises, except to the extent such limitation is not enforceable under or in violation of applicable law.
You may also include content that CannAssist makes available which may include content created by or made available by CannAssist or other third parties who have given CannAssist permission to make it available; provided you do not modify, condense or otherwise alter such content.