Terms and conditions
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, INDEMNITIES AND LIMITATIONS OF LIABILITIES.
This website is owned and operated by Emerald Health Therapeutics Inc. (“Emerald”, “we” and “us”), a company incorporated under the laws of the Province of British Columbia. Access and use of this website (“Website”) and its related services (the “Services”) are provided by Emerald to you on condition that you accept these Terms of Service. By accessing or using this Website or the Services (including the purchase of any products offered on this Website (“Products”)), you agree to these Terms of Service. If you do not agree to accept these Terms of Service, you may not access or use this Website or the Services.
These Terms of Service govern the relationship between you and Emerald with respect to your use of this Website and its related Services. You agree that the agreement formed by these Terms of Service are like any written agreement signed by you, and you agree to be bound by, and fully comply with, their terms. You represent and warrant that you have all necessary right, power and authority to enter into these Terms and Conditions and to perform and otherwise discharge all of your obligations hereunder.
You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
We reserve the right at any time to change: (i) the terms and conditions of these Terms of Service; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services.
Any changes we make to these Terms of Service will be effective immediately upon posting on this Website. Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Service.
1. USE OF THIS WEBSITE
If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Service based on age and you are under such age limit, you may not enter into these Terms of Service or use this Website or the Services.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into these Terms of Service or use this Website or the Services. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.
You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.
Your Account may be deleted and these Terms of Service may be suspended or terminated without warning, if we believe that you are under age or your use of this Website or the Services is not allowed.
You acknowledge and agree that access to and use of this Website and the Services is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
In order to access and use certain of the Services available on this Website (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account”) with us. Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms of Service. If you do not agree to these Terms of Service, you may not sign up for an Account and you shall not have the right to use such Services.
You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.
You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree not to transfer your right to use or access this Website or the Services via your username or password to any third person.
You agree not to disclose your username and password to any third party.
You may not use the account, username, or password of anyone else at any time. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, with your knowledge.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
This Website may allow you to purchase Products from time to time. We reserve the right to refuse service to anyone, at any time, for any reason, subject to our regulatory obligations under: (i) the federal Cannabis Act (the “Act”); and (ii) any other applicable legislation.
Should you choose to purchase a product, please note that advertisements on this Website for Products are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order for a Product will be deemed to be accepted only if and when we send an order confirmation to your email address. That confirmation constitutes our acceptance of your order.
Some situations may result in your order for Product(s) being cancelled. These include, but are not limited to: (i) limitations on the quantities of any Products available for purchase; (ii) inaccuracies or errors in Product or pricing information; (iii) Product restrictions mandated by local, provincial, national or international regulations; and (iv) problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.
For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
Subject to applicable laws, we may amend this Website, and the Products listed on this Website, and/or the amounts that we charge for same at any time, without prior notice.
SUBJECT TO SECTION 7 BELOW, ALL SALES ARE FINAL.
The prices displayed on this Website are quoted in Canadian dollars.
Product prices do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for same. Also note that the price of any Product on our Website does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties. You are also responsible for the payment of same.
Where you elect to purchase any Products, you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such Services as more particularly set out in the order confirmation provided at the time that you ordered such Services. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification.
6. SHIPPING POLICY
Purchases will generally be shipped out within two to three business days via Canada Post. As above, you are responsible for all shipping costs associated with your purchase.
We do not send any shipments outside of Canada.
7. RETURNS AND REFUNDS
Subject to any restrictions outlined in the Act, we will only accept returns or exchanges of cannabis Products if any such Products are defective. All refunds and exchanges with respect to cannabis Products will be done in accordance with the Act.
We will accept returns on non-cannabis Products; however, you will be responsible for all shipping costs associated with same, and no returns or exchanges will be accepted: (i) after fourteen (14) days from your date of purchase; or (ii) on any non-cannabis Product that is no longer in its original condition. With respect to any such products that we accept from you, we reserve the right, at our sole and absolute discretion, to provide you with a refund or a replacement of the same or substantially similar product.
8. PERSONAL USE ONLY
Unless we expressly consent otherwise in writing, this Website and the Services are only for personal use (and not for commercial purposes).
9. CODE OF CONDUCT
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Emerald’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Service. In addition, and without limiting the foregoing, you agree not to:
- (i) use tools which hack or alter this Website or the Services, or that allow you to connect to this Website’s or the Services’ private binary interface or utilize any interfaces other than those provided by us to you;
- (ii) attempt to obtain a password or other private account information from any other user of this Website or the Services;
- (iii) create multiple Accounts for the purpose of sale or transfer to others, transfer your Account to others, park your Account or those of others, or use another person’s Account with Emerald;
- (iv) mirror or frame any part of this Website without Emerald’s express prior written consent; or
- (v) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Website, without Emerald’s express prior written consent
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.
In the event that the Website enables you to post any comments, suggestions, feedback or other content (collectively, “Comments”), you agree not to:
- (i) post anything that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- (ii) post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, harassment, theft, or conspiracy to commit any criminal activity;
- (iii) post anything that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) personality or publicity; or (c) any confidentiality obligation;
- (iv) post anything that (a) does not generally pertain to the designated topic or theme of this Website or the Services; (b) violates any specific restrictions applicable to this Website or the Services, including age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming”, “flooding”, or “trolling”, as those terms are commonly understood and used on the internet;
- (v) post anything that: (a) expresses or implies that any statements you make or actions you take are endorsed by us; (b) impersonates another person (including celebrities); (c) indicates that you are an Emerald employee, representative of Emerald; or (d) attempts to mislead users by indicating that you represent Emerald or any of Emerald’s partners or affiliates;
- (vi) post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); or
- (vii) post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Services or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Website or the Services.
We strive to provide an enjoyable online experience for our users, so we may monitor any activity on our Website or the Services, including in the public discussion areas, bulletin boards, forums, blogs, and elsewhere, to foster compliance with these Terms of Service. If you have reason to believe that another person is using the Website or our Services in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial, state or federal agencies.
Please note that we do not make any representations, warranties or guarantees that: (i) this Website, the Services, or any portion thereof, will be monitored (E.G. for accuracy or unacceptable use); (ii) apparent statements of fact will be authenticated; or (iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of SERVICE. We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on this Website or through the Services by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, inappropriate, and/or violates these Terms of Service.
We have the right, but not the obligation, to delete any communications, content or other materials on this Website at any time without notice or liability to you.
With respect to any Comments that you post on this Website, you agree that: (i) Emerald and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are not confidential; (iii) Emerald and its affiliates may use, disclose, distribute or copy such Comments (including any ideas, concepts or know-how contained in such Comments) for any purpose and without restriction or obligation to you or to anyone else during the term of the Terms of Service and afterwards; and (iv) such Comments are truthful and do not violate the legal rights of others.
While we endeavour to keep downtime to a minimum, we CANNOT promise that this Website or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Website or the Services, or any part thereof, with or without prior notice for any reason.
11. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website and the Services, and you shall be solely responsible for all charges and fees related thereto.
12. CURRENCY OF WEBSITE
Emerald updates the information on this Website and the Services periodically. However, Emerald cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website and the Services. Emerald may revise, supplement or delete information, services and/or the resources contained in this Website and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.
13. LINKED WEBSITES
This Website or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Emerald monitors or endorses these websites. Emerald does not accept any responsibility for such websites. EMERALD 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 THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES OR LINKED RESOURCES.
14. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website or the Services. Emerald recommends that you install appropriate anti-virus or other protective software.
EMERALD SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.
15. OUR MATERIALS
Emerald may make certain information, content, software or other materials available to you from this Website from time to time (collectively, the “Emerald Materials”). If you download, access or use any Emerald Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Emerald’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. Emerald does not transfer the title or the intellectual property rights to the Emerald Materials to you, and retains full and complete title to the Emerald Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Emerald Materials. You further agree not to decompile, reverse-engineer, or disassemble any Emerald Materials. Emerald or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
This Website (including its organization and presentation and Emerald Materials) is the property of Emerald and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
16. WEBSITE, SERVICES AND MATERIALS PROVIDED “AS IS”
EXCEPT AS OTHERWISE PROVIDED EXPLICITLY HEREIN, THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE EMERALD MATERIALS ARE PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. EMERALD DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
FOR GREATER CERTAINTY, THE EMERALD MATERIALS, INCLUDING WITHOUT LIMITATION INFORMATION REGARDING DIFFERENT STRAINS OF CANNABIS AND THEIR POTENTIAL SUITABILITY FOR TREATING DIFFERENT DIAGNOSES, ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN REPRESENTATIONS OR WARRANTIES. AS SUCH, THE FOREGOING DISCLAIMER WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
17. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE EMERALD MATERIALS.
IN NO EVENT SHALL EMERALD OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS (THE “EMERALD PARTIES”) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER SIMILAR LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE PRODUCTS, THE SERVICES, THE EMERALD MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, EMERALD’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE EMERALD MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE GREATER OF: (I) THE FEES THAT YOU ACTUALLY PAID TO EMERALD IN CONSIDERATION OF ANY PRODUCTS PURCHASED BY YOU OR SERVICES PROVIDED TO YOU UNDER THESE TERMS OF SERVICE; AND (II) FIVE ($5.00) DOLLARS CAD.
THE CONSIDERATION BEING PAID TO EMERALD UNDER THESE TERMS OF SERVICE DOES NOT INCLUDE ANY CONSIDERATION FOR EMERALD TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY EMERALD, EMERALD WOULD NOT HAVE ENTERED INTO THESE TERMS OF SERVICE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES. AS SUCH, THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
18. CLASS ACTION WAIVER
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE EMERALD PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO EMERALD AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST EMERALD IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR SERVICES; (2) YOUR BREACH OF ANY OF THESE TERMS OF SERVICE; OR (3) ANY ACTIVITY USING YOUR EMAIL ADDRESS AND PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE OR SERVICES USING YOUR ACCOUNT OR EMAIL ADDRESS.
PLEASE NOTE THAT SOME JURISDICTIONS LIMIT THE EXTENT TO WHICH A PARTY MAY INDEMNIFY ANOTHER. AS SUCH, THE FOREGOING INDEMNITY WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW
As above, we reserve the right to suspend your Account and/or your access to this Website and/or the Services immediately, with or without notice to you, and without liability to you, if Emerald, in its sole discretion, believes that:
- (i) you have violated or otherwise breached these Terms of Service;
- (ii) any information provided by you is untrue, inaccurate, not current or incomplete;
- (iii) you, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of Emerald.
These suspensions will be for such periods of time as Emerald may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
21. TERM & TERMINATION
Emerald may, from time to time, but is in no way obligated to, permit you to access and use this Website and the Services in accordance with these Terms of Service and in the manner more particularly set out herein. You acknowledge and agree that access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Emerald shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time.
Upon termination of these Terms of Service, you shall immediately cease and desist from all use of this Website and the Services.
If you need to contact us regarding this Website, the Services or these Terms of Service, please reach out to us at firstname.lastname@example.org, 1-800-757-3536 or Emerald Health Therapeutics Inc., 310, 777 Royal Oak Drive P.O. Box 24076, Victoria, BC.
This Website and the Services are solely directed to individuals residing in Canada. We make no representation that materials on this Website or the Services are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Service are governed by and construed in accordance with the laws in the Province of British Columbia, Canada, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the courts located in the Province of British Columbia, located in Victoria, British Columbia, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Sections 13, 14, 16 – 19, 22 and 23 will survive any termination or expiry of these Terms of Service.
Subject to any additional terms and conditions presented to you at the time of purchase of a Product, these Terms of Service set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us.
These Terms of Service are not assignable, transferable or sub-licensable by you except with Emerald’s prior written consent. Emerald may assign these Terms of Service without notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Service is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
These Terms of Service were last updated on December 14, 2018.