CANY Website Terms of Use

Effective as of May 9, 2024

USER’S AGREEMENT TO WEBSITE TERMS OF USE

The Cannabis Association of New York, Inc. (referred to as “CANY”, “us”, “our” or “we”) provides the website, www.cany.org (referred to as the “Website”), and certain services, benefits, information, resources, links, features, blogs, events calendar, material, processes, procedures, policies, functionalities, and other content provided on and/or through the Website, including, without limitation, the ability of a user to become a member or sponsor of CANY (collectively referred to as the “Website Services”). When you access, visit, peruse, use, register, and/or log-in on the Website and any time you use any of the Website Services (collectively referred to as “Use”, “Uses” or “Using”), you understand and agree to comply with all the terms and conditions set forth in these terms of use, all federal, state, and local laws and regulations, and all policies and documents incorporated into and made a part of these terms of use by reference (collectively referred to as the “Terms of Use”). These Terms of Use apply to visitors, users, Members, and Sponsors Using the Website whether you are an individual or a public or private entity (each referred to as “you”, “your” or “User”). 

BY USING THIS WEBSITE, YOU AUTOMATICALLY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OLD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. 

IF YOU ARE YOUNGER THAN 21 YEARS OLD, YOU MUST EXIT THIS WEBSITE IMMEDIATELY. 

IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THESE TERMS OF USE, PLEASE EXIT THIS WEBSITE NOW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR ONLY REMEDY IS TO EXIT THIS WEBSITE NOW.

CHANGES TO THE TERMS OF USE

CANY may revise and update the Terms of Use from time to time in our sole discretion and without notice. The most current Terms of Use will be posted here on the Website, and all changes are effective immediately when we post them. Your continued Use of the Website following the posting of revised Terms of Use means that you automatically accept and agree to the changes. You are solely responsible for checking the Terms of Use on a regular basis, so you are aware of any changes, as they are legally binding on you. The effective date will be posted with the most current Terms of Use, so you must check the effective date located at the top of this page when you Use the Website.

ACCESSING THE WEBSITE  

To Use the Website, you are solely responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. From time to time in our sole discretion and without notice, CANY may change, restrict, and/or delete all or any part of the Website. We will not be liable to you and/or any other person and/or entity if, for any reason, all or any part of the Website and/or Website Services are unavailable to you at any time or for any period of time for any reason. 

WEBSITE SERVICES

CANY is a New York State trade association promoting the interests of our members in the cannabis industry and the advancement of cannabis policy, law, and regulation. In furtherance of our mission (which is subject to change from time to time at our sole discretion and without notice), CANY provides certain Website Services on and/or through the Website. As part of our Website Services, a User may purchase a CANY membership in the category which best fits his/her/their/its business services within the cannabis industry as set forth on the Website (each referred to as a “Member”), and any User may become a sponsor of CANY as further described on the Website (each referred to as a “Sponsor”).  CANY may change, restrict, expand, terminate, and/or delete any of the Website Services, including, without limitation, any of the benefits provided by CANY to our Members and Sponsors, from time to time in our sole discretion and without notice. 

PRIVACY POLICY 

When you Use the Website and any time you submit personal, financial, business, and/or other information on and/or through the Website (collectively referred to as “User Submitted Data”), you understand and agree that your activities on the Website and User Submitted Data are governed by CANY’s Privacy Policy which is incorporated into and made a part of these Terms of Use by reference. Our Privacy Policy describes how CANY collects, maintains, and protects User Submitted Data, including User Submitted Data that is delineated as “Personal Information” and “Non-Personal Information”. 

ACCOUNT SECURITY 

It is a condition of your Use of the Website and Website Services that the information you provide on the Website and/or in the course of Using the Website Services is correct, current, and complete. You understand and agree that all information you provide to register and/or log-in on the Website is governed by CANY’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must always keep such information confidential and not disclose it to any other person and/or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, and/or other personal information. We have the right to disable any username, password, and/or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason and without notice, including if, in our sole and absolute opinion, you have violated any provision of these Terms of Use.

PROPERTY RIGHTS IN USER SUBMITTED DATA

At all times, your User Submitted Data is and shall remain your property as between you and CANY, except you understand and agree that as soon as you become a Member or Sponsor of CANY and without your having to take any other action, you automatically grant to CANY a free, nonexclusive, nontransferable (except to CANY’s affiliates, chapters, successors, and assigns), revocable, and worldwide license (referred to as the “License”) to copy, display, modify, transmit, translate, perform, publish, broadcast, and/or disseminate (collectively referred to as the “Licensed Actions”) your personal or business name (as applicable), business website link with URL, and business logo on the Website and any other website and/or platform used by CANY from time to time (collectively referred to as the “Licensed Property”). The License includes your grant to CANY of all necessary rights, including, without limitation, intellectual property rights, and releases for CANY to use the Licensed Property as expressly described in this section of the Terms of Use. The License shall be deemed revoked (terminated) no later than thirty (30) days following your termination (whether by you or CANY) as a Member or Sponsor of CANY; you understand and accept that CANY may need up to thirty (30) calendar days to remove the Licensed Property from the Website. CANY will use the Licensed Property provided by you when you become a Member or Sponsor or, if you don’t provide any of the Licensed Property such as your business logo when you become a Member or Sponsor, you further authorize CANY, as part of the License, to take any of the Licensed Actions necessary to obtain the Licensed Property from your website or other platforms used by you, including social media. You represent and warrant that you have the necessary authority to grant the License, and the License does not infringe on any third party’s intellectual property rights and other rights under law, contract, and/or equity. YOU HEREBY WAIVE, RELEASE, AND DISCHARGE CANY AND ITS PAST, CURRENT, AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, INDEPENDENT CONTRACTORS, VOLUNTEERS, AFFILIATES, CHAPTERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, CONTRACTORS OF ALL DEGREES, ADVISORS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL MANNER OF ACTIONS AND CAUSES OF ACTION, UNDER CONTRACT, AT LAW AND/OR IN EQUITY, FOR DAMAGE, LOSS, AND/OR INJURY TO ANY PERSON AND/OR PROPERTY, KNOWN OR UNKNOWN, RELATING TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, THE LICENSE, LICENSED ACTIONS, AND/OR LICENSED PROPERTY, INCLUDING, WITHOUT LIMITATION, CANY’S FAILURE AND/OR INABILITY TO USE THE LICENSE AND/OR LICENSED PROPERTY AND/OR PERFORM THE LICENSED ACTIONS. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CANY AND ITS PAST, CURRENT, AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, INDEPENDENT CONTRACTORS, VOLUNTEERS, AFFILIATES, CHAPTERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, CONTRACTORS OF ALL DEGREES, ADVISORS, SUCCESSORS, AND ASSIGNS FOR THIRD-PARTY CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT AND/OR ANY OTHER VIOLATION UNDER LAW, CONTRACT OR EQUITY RELATING TO THE LICENSE, LICENSED ACTIONS, AND/OR LICENSED PROPERTY.  

If you believe that your intellectual property and/or other rights are being violated by CANY, please contact us promptly by sending an email to contact@cany.org with “IP Infringement or Other Violation” in the subject line. 

INTELLECTUAL PROPERTY RIGHTS

The Website and Website Services, including, without limitation, all content, software, functionalities, features, texts, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by CANY, its licensors, or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and/or proprietary rights laws. CANY retains its title, ownership rights, and intellectual property rights in and to the Website, Website Services, and all aspects relating thereto. These Terms of Use permit you to Use the Website for your personal, non-commercial use only. You cannot copy, reproduce, distribute, download, modify, create derivative works of, publicly display, publicly perform, publish, republish, download, store, transmit, translate, offer for sale, sell, broadcast, circulate, disseminate, and/or commercially exploit the Website, Website Services, and the Licensed Property (unless you are the licensor of the Licensed Property) without the prior express written consent of CANY given in our sole discretion. Without changing or limiting any of the prohibitions in this section of the Terms of Use, the following are the only permitted exceptions:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

Additionally, you must not:

• Use any illustrations, photographs, video, and/or audio sequences or any graphics separately from the accompanying text.
• Delete and/or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
• Use for any commercial purposes any part of the Website, any Website Services, and/or materials available through the Website. 

If you Use and/or provide any other person and/or entity with access to any part of the Website in violation of these Terms of Use, your right to Use the Website will stop immediately and you must, at our sole option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, Website Services, Licensed Property, and any other content and functionality on the Website is transferred to you, and all rights not expressly granted herein are reserved by CANY. Any Use of the Website not expressly permitted by these Terms of Use is a violation of these Terms of Use and may violate copyright, trademark, and other applicable laws.

Our name (in abbreviated form and otherwise), logo, and all related names, logos, product and service names, designs, and slogans are trademarks (whether registered or unregistered) of CANY. You must not use such marks without the prior express written consent of CANY given in our sole discretion. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners, including CANY’s Members, Sponsors, affiliates, and/or licensors.

If you wish to make any use of any part of the Website other than that set out in this section, please send us an email to contact@cany.org with “Website Use Request” in the subject line. 

OTHER PROHIBITED USES

You may Use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to Use the Website:

• In any way that may violate or actually violates any federal, state, local, or international law and/or regulation, including, without limitation, any laws regarding the export of data or software to and from the United States or other countries (“Applicable Laws”). For the avoidance of doubt, CANY may determine, in its sole and absolute discretion, whether, for purposes of these Terms of Use as well as CANY’s Membership Agreement, a User may have or has violated any Applicable Laws.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. This prohibition extends to persons under the age of 21 years old who are not permitted to Use this Website and Website Services.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
• To impersonate or attempt to impersonate another User, CANY, a CANY officer, director, employee, Member, and/or Sponsor, and/or any other person and/or entity, including, without limitation, using email addresses, names, logos, screen names, and/or other identifiers associated with any of the foregoing.
• To engage in any other conduct that restricts or inhibits a User’s Use or enjoyment of the Website, or which, as determined by us, may harm CANY or Users of the Website, or expose us and/or them to liability.
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with Users’ Use of the Website and Website Services, including their ability to engage in real time activities, if any, on and/or through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website for any purpose not expressly authorized in these Terms of Use and without CANY’s prior express written consent given in our sole discretion.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

COPYRIGHT POLICY

CANY operates a clear copyright policy in relation to any content alleged to infringe the copyright of a third party. If you believe your copyright-protected work was posted on the CANY’s Website without authorization, you may submit a copyright infringement notification. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. Please submit notification and removal requests to contact@cany.org. In order for your notification to be effective, you must include the items required by 17 U.S.C. § 512(c).

To file a counter notification, you must provide a written communication that sets forth the items described below. Please note you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. Your communication must include substantially the following: (1) a physical or electronic signature of the user; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) your name, address, and telephone number, (5) the following statement, “I consent to the jurisdiction of the state and federal courts located in the Northern District of New York,  and I will accept service of process from the claimant or an agent of the claimant,” and (6) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

Please sent written requests to:

Cannabis Association of New York, Inc.
37 Huntington Street
Cortland, New York 13045 
Attn: Damien Cornwell, President

As part of CANY’s copyright policy, CANY will terminate User access to the application if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.

MONITORING AND ENFORCEMENT; TERMINATION

In our sole discretion and without notice, CANY has the right to:

• Take any action which we deem necessary or appropriate if we believe that a User violates the Terms of Use, infringes any intellectual property right or other right of any person and/or entity, threatens the personal safety of another User of the Website or the public, or could create liability for CANY.
• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized Use of the Website, including the Website Services and Licensed Property or any perceived illegal activity. 
• Terminate or suspend your Use of all or part of the Website at any time for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or order of a court of competent jurisdiction requesting or directing us to disclose the identity or other information of any User. YOU INDEMNIFY, DEFEND, AND HOLD HARMLESS CANY AND ITS PAST, CURRENT, AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, INDEPENDENT CONTRACTORS, VOLUNTEERS, AFFILIATES, CHAPTERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, CONTRACTORS OF ALL DEGREES, ADVISORS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. YOU WAIVE AND RELEASE CANY AND ITS PAST, CURRENT, AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, INDEPENDENT CONTRACTORS, VOLUNTEERS, AFFILIATES, CHAPTERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, CONTRACTORS OF ALL DEGREES, ADVISORS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS MADE BY A THIRD PARTY RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Further, you understand and accept that we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User and/or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section of the Terms of Use. 

You understand and agree that we may, in our sole discretion, suspend and/or terminate your Use of all or part of the Website at any time with or without notice and for any reason, including, without limitation, your breach of these Terms of Use. Any suspected fraudulent, abusive, prohibited, and/or illegal activity may be grounds for suspending and/or terminating your Use of the Website or relationship with us and may be referred to appropriate law enforcement authorities.

Upon suspension or termination, regardless of the reasons for such suspension or termination, your right to Use the Website and Website Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. We shall not be liable to you and/or any third party for any claims or damages arising out of any suspension and/or termination or any other actions taken by us in connection therewith. 

RELIANCE ON INFORMATION POSTED

The information presented on and/or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you and/or any other User of the Website, or by anyone who may be informed of any of its contents.

This Website may include Website Services, including content, provided by third parties. All information, materials, statements and/or opinions expressed by third parties on and/or through the Website and/or Website Services, other than the content directly approved and provided by CANY, are solely the opinions and responsibility of third parties providing such content and/or services. We are not responsible or liable to you and/or any third party for the content or accuracy of any content and/or services provided by any third parties.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to the homepage of the Website, provided you do so in a way that is fair, legal, and in compliance with these Terms of Use, but you must not establish a link which damages our reputation, takes advantage of it, and/or suggests any form of association, approval, or endorsement by and on the part of CANY, without our prior express written consent given at our sole discretion. You are permitted to use CANY’s name (in abbreviated and/or long form) and disclose your status as a current Member or Sponsor of CANY only in compliance with these Terms of Use and the Membership Agreement. 

The Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Website.
• Send emails or other communications with certain content, or links to certain content, from and/or on the Website.
• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may Use these features solely as they are provided by us and solely with respect to the content which is/are displayed and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission at any time in our sole discretion and without notice. Further, we may disable all or any social media features and any other links at any time in our sole discretion and without notice.

LINKS FROM THE WEBSITE

CANY’s Website may contain links to third-party websites, platforms, services, products, and/or resources, including links of third-party promotional content such as banner advertisements and sponsored links and links of our Members, Sponsors, and Third-Party Service Providers (as such term is defined in our Privacy Policy) (collectively referred to as “Third-Party Links”). All Third-Party Links are provided to you for your convenience and information only. If you access any of these Third-Party Links through CANY’s Website, you will leave our Website, and you do so entirely at your own risk and subject to the terms of use and privacy policy of each of these Third-Party Links. CANY has no control over these Third-Party Links and accepts no responsibility or liability for them or for any loss or damage that may arise from your use of them, including, without limitation, for any information submitted by you to and/or on any of these Third-Party Links. Additionally, these Terms of Use, including our Privacy Policy, do not control or cover the collection of information by cookies or other methods used by Third-Party Links. We do not endorse, screen, and/or approve, and are not responsible for the privacy practices or the content of, any of the Third-Party Links. We encourage you to review the terms of use and privacy policy of each of the Third-Party Links before you submit any information, including your Personal Information, on and/or to them.

GEOGRAPHIC RESTRICTIONS

CANY is based in the State of New York in the United States. We provide the Website for Use only by Users located in the United States. We make no claims that the Website and/or Website Services are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

RELEASE

To the fullest extent allowed by applicable laws, you release and waive all claims (known and unknown) and all available rights under any applicable statute or common law principle against CANY and its past, current, and future officers, directors, employees, representatives, agents, independent contractors, volunteers, affiliates, chapters, licensors, licensees, services providers, suppliers, contractors of all degrees, successors, and assigns from any and all claims, damages, liabilities, costs and expenses, directly or indirectly, arising out of your Use of the Website, including the Website Services and Licensed Property. To the fullest extent permitted by applicable law, this release covers all such claims and rights regardless of the negligence or misconduct of CANY.

INDEMNIFICATION

Supplementing all other indemnification obligations you have under these Terms of Use, you agree to defend, indemnify, and hold harmless CANY and its past, current, and future officers, directors, employees, representatives, agents, independent contractors, volunteers, affiliates, chapters, licensors, licensees, service providers, suppliers, contractors of all degrees, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and/or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use and/or your Use of the Website, including, without limitation, any Use of the Website Services and/or Licensed Property, other than as expressly authorized in these Terms of Use, or your use of any information, content, services, and/or products obtained from the Website.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, CANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ANY WEBSITE SERVICES, AND/OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, WEBSITE SERVICES, AND ANY SERVICES OR ITEMS OBTAINED ON AND/OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, WEBSITE SERVICES, AND ANY SERVICES OR ITEMS OBTAINED ON AND/OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CANY NOR ANY PERSON AND/OR ENTITY ASSOCIATED WITH CANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CANY NOR ANY PERSON AND/OR ENTITY ASSOCIATED WITH CANY REPRESENTS OR WARRANTS THAT THE WEBSITE, WEBSITE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED ON AND/OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE AND/OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, WEBSITE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED ON AND/OR THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, CANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CANY AND ITS PAST, CURRENT, AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, INDEPENDENT CONTRACTORS, VOLUNTEERS, AFFILIATES, CHAPTERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, CONTRACTORS OF ALL DEGREES, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT AND/OR SERVICES ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, BODILY INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, MISCONDUCT OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

GOVERNING LAW AND JURISDICTION

All matters relating to these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflicts of laws provisions or rules thereof. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of competent jurisdiction of the Northern District of the United States or the courts of competent jurisdiction of the State of New York, in each case located in Cortland County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

To the fullest extent permitted by applicable laws and at CANY’s sole discretion, we may require you to submit any dispute arising from these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the then Rules of Commercial Arbitration of the American Arbitration Association applying New York State law.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM, ACTION, LAWSUIT, ARBITRATION, OR OTHER PROCEEDING DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE.

WAIVER AND SEVERABILITY

No waiver by CANY of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CANY to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. 

LEGAL FEES

In the event that CANY employs an attorney and/or commences legal proceedings to enforce the provisions in these Terms of Use, CANY shall be entitled to recover from all of its attorney’s fees, disbursements of counsel, court costs, expenses of investigation, expert fees, and all other costs and expenses incurred by CANY in connection with such enforcement.

ENTIRE AGREEMENT

These Terms of Use and, if you are a Member of CANY, the Membership Agreement, constitute the sole and entire agreement between you and CANY regarding Use of the Website and Website Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

YOUR QUESTIONS, COMMENTS, AND CONCERNS

Please direct your questions, comments, concerns, requests for technical support, and other communications relating to these Terms of Use by sending us an email to contact@cany.org with your specific communication in the subject line. You can also contact us by mail addressed to:

Cannabis Association of New York, Inc.
37 Huntington Street
Cortland, New York 13045 
Attn: Damien Cornwell, President

PRIVACY POLICY

This Privacy Policy is incorporated into and made a part of CANY’s Website Terms of Use. Any capitalized word used, but not defined, in this Privacy Policy shall have the meaning given to it in the Terms of Use.

USER’S AGREEMENT TO PRIVACY POLICY

Please read this Privacy Policy carefully so that you understand our commitment to you and your privacy and our method of collecting, storing, and using information, including User Submitted Data. This Privacy Policy only applies to transactions made, and information gathered, on and/or through CANY’s Website, Website Services, and associated mail and email services and does not apply to any third-party’s website, link, and/or platform, including the websites and/or links of CANY’s Members and Sponsors.

By Using our Website and Website Services, communicating with us by email and/or mail, and submitting personal, financial, business and/or other information to us, you understand and agree to the terms of this Privacy Policy without any further action required to be taken by you, meaning that you automatically give your consent to the collection, storage, and use of your information, including Personal Information and Non-Personal Information, as explained in this Privacy Policy, each time you Use the Website and Website Services.

PERSONAL INFORMATION AND NON-PERSONAL INFORMATION

The term, “Personal Information”, collectively refers to non-public information, including some or all User Submitted Data, that personally relates to or identifies you, such as your name, password, age, gender, email address(es), postal mailing address, zip code, home/mobile/work telephone number(s), Social Security number and/or taxpayer identification number, and other related and/or similar information. If we combine or associate information from other sources with Personal Information that you provide directly to us on and/or through our Website and Website Services, we will treat the combined information as Personal Information in accordance with this Privacy Policy.

The term, “Non-Personal Information” collectively refers to public or other information not treated as Personal Information that may be collected on and/or through our Website and Website Services, including some or all User Submitted Data, including, without limitation, website pages viewed, websites visited before visiting this Website, frequency of visits, clickstream data, browser type, operating system, organization name, articles, internet connection speed, presentations viewed, time spent viewing pages of our Website or using certain features of our Website, demographic data such as server locations, clickstream data, location services, server location, cookies existing on your computer, search criteria used and results, date and time of access or visits to our Website, frequency of visits to our website, connection speed, and other information which does not specifically or personally identify you.

OUR COMMITMENT TO YOU

CANY values and respects your privacy. Here is our commitment to you:

• We will restrict employee access to Personal Information to those who need to know in order to provide Website Services to you.
• We will educate our employees according to our internal policies to reinforce the importance of the confidentiality and security of Personal Information.
• We will maintain commercially reasonable and customary security standards and procedures to protect Personal Information.
• We will respond as promptly as possible to your request to correct inaccurate information.

CHANGES TO OUR PRIVACY POLICY

CANY may change our Privacy Policy from time to time in our sole discretion and without notice. The most current Privacy Policy will be posted here on the Website, and all changes are effective immediately when we post them. Your continued Use of the Website and/or Website Services following the posting of the revised Privacy Policy means that you automatically accept and agree to the changes and consent to the collection, retention, and use of your information as described in the then-current Privacy Policy. You are solely responsible for checking the Privacy Policy on a regular basis, so you are aware of any changes. The effective date will be posted with the most current Privacy Policy, so be sure to check the effective date located at the top of this Privacy Policy page when you Use the Website and/or Website Services.

WHEN AND HOW WE GATHER INFORMATION

• WHEN YOU BECOME A MEMBER OR SPONSOR OF CANY

When you purchase a CANY membership or become a CANY Sponsor on the Website, you are asked to provide the following required information: full name; phone number; email and postal addresses; business name; whether you are applying for a social equity license; license number or NYS application number (required for licensed growers, processors, and retailers only), and credit card information, including credit card number, expiration date, and security code. Additionally, we ask you to provide the following optional information: business website; the type of your social equity application, if you are applying for one; license number or NYS application number (optional for businesses that are not growers, processors, or retailers); whether you want to subscribe to our newsletter; whether you want to receive marketing emails; and whether you have any additional information to send us. The only parts of your Personal Information which our employees collect, retain, and use are your name, postal and email addresses, phone number, business information, and the last four digits of your credit card number, using the following software programs and/or platforms: Wordpress, ZenDesk, Mailchimp, Slack, Google, and/or any other software program and/or platform we may use from time to time. Your credit card information is processed directly by Square, so our employees do not see, collect, retain and/or use your full credit card information. 

A User may become a Member or Sponsor directly on the Website by agreeing to the Membership Agreement and sending payment through the Website. Our employees do not copy, retain, and/or use bank information from a Member or Sponsor’s check or ACH payment. Each time your membership expires, you may renew your membership directly on the Website by agreeing to the Membership Agreement and sending payment through the Website.

Once you register to become a Member or Sponsor of CANY and your payment is processed, we automatically generate your account and unique log-in credentials. You may also set up an account on the Website before or during the registration process. When you Use the Website, you may be prompted to log-in to your account. Your account page provides certain tools to manage your account, including terminating automatic renewal payments and changing your username and password. Because your log-in credentials are unique to you, you are solely responsible for always keeping them confidential. CANY does not authorize you share your log-in credentials with any other person and/or entity and/or allow another person and/or entity to use your log-in credentials in your place. CANY is not responsible or liable for any unauthorized use of your log-in credentials.

Please note that the collection, retention, and/or use of your Personal Information by any of our service providers, including, without limitation, Wordpress, ZenDesk, Square, Mailchimp, and Google (collectively referred to as “Third-Party Service Providers”), are governed by their respective terms of use and privacy policies and is not subject to our control, including our Terms of Use and Privacy Policy. Therefore, please read the terms of use and privacy policies of our Third-Party Service Providers before you submit your Personal Information on and/or through the Website. You acknowledge and agree that you have had the opportunity to read and understand the terms of use and privacy policies of each of our Third-Party Service Providers listed here before you submit your Personal Information on and/or through the Website, and you agree that once you submit your Personal Information on and/or through the Website, you are subject to the terms of use and privacy policies of each of our Third-Party Service Providers whether or not you actually read and/or understood their respective terms of use and/or privacy policies. CANY reserves the right to change and/or terminate the use of any of our Third-Party Service Providers at any time in our sole discretion and without notice. You are solely responsible for checking this Privacy Policy on a regular basis to ensure you are aware of any changes we make with respect to our Third-Party Service Providers.

• EMAIL AND OTHER COMMUNICATIONS

We regularly send email newsletters to our Members and Sponsors who opt-in to receiving them. You may subscribe or unsubscribe to an email newsletter at any time on your account page. We also may send you emails about industry events, event updates, and Member-exclusive discounted services and products if you opt-in to receiving them. You may always opt-out of any email about events and Member-exclusive discounted services and products at any time by following the unsubscribe instructions on your account page, except for certain transactional emails. 

If you communicate with us in any way, including email, your message and related information, including, without limitation, name and email address, may be forwarded to the appropriate department within CANY. We are always happy to hear from you, and we try to process communications as promptly as possible after receiving them, although we will not be liable for delays or omissions in receiving or responding to communications, including email. We may choose to save any message, material, business information, ideas, concepts, and/or other information sent to us by email or other means of communications, and all such information will be treated as non-confidential and non-proprietary. 

Once you become a Member or Sponsor, you are invited to join Slack where you can communicate with other Members and Sponsors and receive Member events, promotions, and other information, including Member-exclusive discounted products and services. Depending on the benefits of your membership or sponsorship category, your email may be added to a Google group to give you the following Member-exclusive benefits: (i) access to membership list, resources, white papers, policy briefs, and CANY’s OCM Document Tracker; and (ii) opportunities to participate in policy advocacy, weekly calls with CANY’s Executive Director and/or select members of our Board of Directors, networking events (online and in-person), and the Annual CANY Lobby Day; and (iii) opportunities to submit blog posts, contribute to CANY’s newsletter, and receive Social Media Recognition on CANY’s social media platforms,

• COOKIES AND BEACONS

When you Use the Website, whether or not you are a Member or Sponsor, we may send one or more “cookies” which are small text files containing a string of alphanumeric characters that may be placed on your web browser. Cookies make it easier for you to navigate our Website by, among other things, “remembering” your identity so that you do not have to input your log-in credentials multiple times as you navigate between webpages on the Website and/or as you Use the Website Services. This use of cookies for authentication (i.e., verifying that you are who you say you are) is an essential component of our Website security. You can set your web browser to inform you when cookies are set or prevent cookies from being set. Please note that if you decline to use cookies, you may experience reduced functionality or slower Website response times. Also, declining to use our authentication-related cookies may prevent you from using the Website altogether. You may also clear cookies from your computer via your web browser settings. You may also wish to use a Google Analytics opt-out web browser add-on. 

Information on this option is available at: http://support.google.com/analytics/bin/answer.py?hl=en&answer=2700409.

A “web beacon” is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a website or in an email which allows the website to record the simple actions of the user opening the page that contains the beacon. “Server logs” can be either a single log file or several log files automatically created and maintained by a server of activity performed by the server, which can include information about any transaction you conduct with the server. CANY or our service providers, including, without limitation, our Third-Party Service Providers whose software we use for collected, retaining, and/or using Personal Information and Non-Personal Information, may also collect web surfing data related to your Use of the Website (e.g., information regarding which of our web pages you access, the frequency of such access, and your product and service preferences). This may be accomplished by using cookies, web beacons, page tags or similar tools. Such web surfing data may include your Internet Protocol (IP) address, browser type, internet service provider (ISP), referring or exit pages, click stream data, operating system and the dates and times that you visit the Website. Web surfing data and similar information may be used for administrative purposes, to assess the usage, value and performance of our Website Services, and to improve your experience with our Website and Website Services.

WHY AND HOW INFORMATION HELPS BOTH YOU AND US

Information about you plays a key role in our ability to succeed as a trade association and in our mission. It also helps us provide services to our Members and Sponsors and administer our internal functions. For example, we use information about you to:

• Provide Website Services;
• Establish and set up your account and log-in credentials and allow you to manage your account;
• Give you access to Member and Sponsor-exclusive services and benefits. 
• Respond more accurately and efficiently to your needs and requests as they relate to CANY’s services to our Members and Sponsors;
• Identify opportunities to give you more convenience and control by developing new services that may benefit you;
• Verify your identity and contact information to help protect you and us from fraud; and
• Comply with certain legal and regulatory requirements.

We generally use information that you provide or we collect to establish and enhance our relationship with you and operate, maintain, enhance, and provide our trade association services and benefits, including the Website and Website Services. We may use such information periodically to provide you with information, emails, newsletters and/or offers about features and services available on and/or through our Website. We may also send information or offers to groups of Members and/or Sponsors on behalf of other Members and/or Sponsors. However, you have the option at any time to opt-out of receiving such information at any time by managing your account on the Website and/or sending us an email to contact@cany.org with “Opt-Out of Communications” in the subject line. 

Additionally, we use aggregated information provided by or collected from our Users to understand and analyze the usage trends and preferences of our Users, improve the way our Website and Website Services work and look, and create new features and functionalities. We may use aggregated information about our Users to generate statistics and maps that we deem helpful in the provision of our services or any part thereof. We do not and will not sell analytics that identify Personal Information of our Users, Members, and Sponsors without prior written consent, in each instance.

SOCIAL MEDIA FEATURES

You can log in to the Website using services such as Twitter, Facebook, Instagram, and other platforms. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our registration form. Some of the platforms we use give you the option to post information about your activities to our profile page to share with others within our association.

Our Website may also include Social Media Features. These Features are interactive mini-programs and may collect your IP address and which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the terms of use and privacy policy of the third party providing them.

DISCLOSURE OF INFORMATION TO THIRD PARTIES

CANY does not and will not sell, license, lease, or otherwise disclose your Personal Information. We may disclose your Personal Information and Non-Personal Information in the following limited circumstances:

• We may disclose your Personal Information when such disclosure is legally required or appropriate pursuant to any court order, subpoena or any regulations, including responding to court orders and subpoenas, cooperating with government agencies, other regulatory bodies, and law enforcement officials, performing background checks, resolving disputes and/or performing risk-management functions.
• We may share your Personal Information with our affiliates, chapters, and any person and/or entity with whom/which we have a contract for services and such contract has a confidentiality obligation substantially similar to the provisions of this Privacy Policy. 
• We may disclose your Personal Information as necessary to credit reporting or collection agencies, or when necessary to protect our rights, property, and assets.
• We may disclose any of your Personal Information and Non- Personal Information as we believe appropriate or necessary to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the services, investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our Website or trade association, protect and defend our rights or property or the rights or property of others, and as required by courts or administrative agencies.
• As a benefit to our Members and Sponsors only and pursuant to our License with each Member and Sponsor, we may post Licensed Property –  business name, logo, and website link – on our Website and/or on other platforms used by CANY, including, without limitation, membership lists.
• If CANY is merged or acquired by another not-for-profit corporation if/as permitted by applicable laws, we reserve the right to transfer and/or assign Personal Information and Non-Personal Information collected from Users, Members, and Sponsors as part of such merger, acquisition, sale, and/or other change of control. In such cases, we will inform Members and Sponsors before their Personal Information is transferred to and becomes subject to the privacy policy of a different not-for-profit entity.

OUR PRIVACY POLICY DOES NOT APPLY TO THIRD-PARTY LINKS

CANY’s Website may contain links to third-party websites, platforms, services, products, and/or resources, including links of third-party promotional content such as banner advertisements and sponsored links and links of our Members, Sponsors, and Third-Party Service Providers (collectively referred to as “Third-Party Links”). All Third-Party Links are provided to you for your convenience and information only. If you access any of these Third-Party Links through CANY’s Website, you will leave our Website, and you do so entirely at your own risk and subject to the terms of use and privacy policy of each of these Third-Party Links. CANY has no control over these Third-Party Links and accepts no responsibility or liability for them or for any loss or damage that may arise from your use of them, including, without limitation, for any information submitted by you to any one of these Third-Party Links. Additionally, our Privacy Policy does not control or cover the collection of information by cookies or other methods used by such Third-Party Links. We do not endorse, screen, and/or approve, and are not responsible for the privacy practices or the content of, any of the Third-Party Links. We encourage you to review the terms of use and privacy policy of each of the Third-Party Links before you submit any information, including your Personal Information, on and/or to them.

KEEPING YOUR INFORMATION SAFE

In keeping with industry standards and practices, we maintain commercially reasonable physical, electronic, and procedural safeguards and controls to protect your information. The Website is built upon a secure infrastructure with multiple layers of protection, and we use industry standard encryption technologies to safeguard your information.

We also have security standards and procedures in place designed to prevent unauthorized access to your accounts and Personal Information, including limiting access to your Personal Information to those employees who have a legitimate business need to access such information. A key part of this process helps ensure that all information we have about you is accurate and up-to-date. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of our firewalls and secure server software. If you ever discover inaccuracies in our data or if your Personal Information changes, notify us immediately by email to contact@cany.org with “Security Breach” in the subject line. 

As you know, the transmission of information via the Internet is not completely secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We also may post a notice on or through the Website and/or other communications tools in the event of a security breach. Depending on where you live, you may also have a legal right to receive written notice of a security breach.

OPT-OUT POLICY

We may at times send you e-mail communications with our newsletter, event information and updates, and marketing or promotional materials. If you prefer not to receive such e-mails from us, you may unsubscribe completely through your account page on the Website or by emailing us at contact@cany.org with “Opt-Out Request” in the subject line. Please specify which type of email communications from which you want to unsubscribe. Please note that at times we may need to send you e-mail communications that are transactional in nature, including payment confirmations, and you may not be able to opt-out of receiving these kinds of communications. We are not responsible for removing your Personal Information from any of the Third-Party Links.

REVIEWING, CHANGING, CORRECTING, OR DELETING INFORMATION

You are solely responsible for helping us to maintain the accuracy and completeness of your Personal Information, including the Licensed Property (as such term is defined in the Terms of Use). We urge you to review your information regularly to ensure that it is correct and complete. 

If you wish to correct, edit, or delete your Personal Information, you may do so by logging-in to your account on the Website. If you need any help, please send us an email to contact@cany.org with “Help with Personal Information” in the subject line. Please specify the type of help you need. 

You may decline to share any or all of your Personal Information with us or ask us to delete your Personal Information from our systems at any time, in which case we may not be able to provide to you some of the features and functionality found on and/or through the Website and Website Services, including membership or sponsorship. In this case, please send us an email to contact@cany.org with “I Don’t Want to Provide Personal Information” in the subject line. Please specify the type of services you are requesting. 

OUR COMMITMENT TO THE PRIVACY OF USERS UNDER THE AGE OF 21

OUR WEBSITE AND WEBSITE SERVICES ARE INTENDED SOLELY FOR USERS WHO ARE AT LEAST 21 YEARS OLD. IF YOU ARE YOUNGER THAN 21 YEARS OLD, YOU MUST EXIT THIS WEBSITE NOW.

We do not knowingly collect Personal information on and/or through our Website and Website Services of any User who is younger than 21 years old. If we learn that Personal Information has been collected from Users under the age of 21, we will take all necessary steps as promptly as possible to delete such Personal Information from our systems. If you are a parent or guardian and discover that your child under the age of 21 is Using the Website and/or Website Service or has submitted Personal Information to us, please let us know promptly by sending us an email to contact@cany.org with “Privacy Age” in the subject line. 

Our Student Members are not listed on our Website. We provide our student membership applications directly to educators at colleges and universities, upon request. In our sole discretion and without any liability to any person and/or entity, we may decline a membership application of any student for any reason, including, without limitation, of any student applicant younger than 21 years old and/or whose program of study is not affiliated with any business sector within our industry.

INTERNATIONAL USERS

Our Website and Website Services may be Used by Users located outside the United States in accordance with our Terms of Use, including this Privacy Policy, and any other policies and procedures posted on the Website. If you choose to Use the Website and/or Website Services from the European Union or other regions of the world with laws governing data collection and use that may differ from applicable United States laws, then please note that you are transferring your Personal Information outside of those regions to the United States and, by providing your Personal Information on and/or through our Website or Website Services, you automatically consent to that transfer.

YOUR QUESTIONS, COMMENTS, AND CONCERNS

Please direct your questions, comments, concerns, requests for technical support, and other communications relating to this Privacy Policy by sending us an email to contact@cany.org with your specific communication in the subject line. You can also contact us by mail addressed to:

Cannabis Association of New York, Inc.
37 Huntington Street
Cortland, New York 13045 
Attn: Damien Cornwell, President

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Membership Agreement

Effective as of May 9, 2024

This Membership Agreement is a legal agreement between you (“you” or “Member”) and the Cannabis Association of New York, Inc. (“CANY”). Please read this Membership Agreement carefully as it contains important legal information about your rights and obligations as a CANY Member. Once you click on the “I Accept” button, this Membership Agreement takes effect automatically, and you agree to comply with the terms and conditions set forth in this Membership Agreement. The terms of this Membership Agreement may be amended by CANY at any time and for any reason without any prior notice to you and without needing your permission. You are solely responsible for checking the effective date of this Membership Agreement on CANY’s website at www.cany.org (“Website”) on a regular basis to keep up-to-date with any changes to this Membership Agreement. 

1. Membership
    
   A. Membership Benefits. As a CANY Member, you receive the membership benefits specific to the membership category you purchase on CANY’s Website at https://www.cany.org/join/ (collectively, “Membership Benefits”). Additionally, as part of your Membership Benefits, you receive the following non-exclusive, non-transferable, royalty-free, revocable, and limited licenses (collectively, “CANY’s Limited Licenses”): (i) use of CANY’s name and logo as it appears immediately below (“CANY’s Logo”) to use on your promotional materials, website, and social media platforms; and (ii) permission to identify yourself as a CANY Member. 

   

   You agree to use only the digital graphic of CANY’s Logo as it appears immediately above in this Membership Agreement. CANY reserves the right to alter CANY’s Logo at any time and for any reason without any prior notice to you and without needing your permission, and, once you are provided with CANY’s Logo, as altered (“Altered Logo”), you agree to use only CANY’s Altered Logo, in each instance. You further understand and agree that you are at all times strictly prohibited from altering CANY’s Logo and CANY’s Altered Logo in any way and using any marks or logos that are confusingly similar to CANY’s Logo and CANY’s Altered Logo, as determined by CANY, in its sole and absolute discretion. Additionally, you are strictly prohibited at all times from transferring CANY’s Limited Licenses to any other party and allowing the use of CANY’s Logo and CANY’s Altered Logo by any other party. Any use of CANY’s Logo and CANY’s Altered Logo inures to CANY’s benefit, and nothing in this Membership Agreement gives you any right, title, or interest whatsoever in and/or to CANY’s name, CANY’s Logo, CANY’s Altered Logo, and CANY’s Website beyond CANY’s Limited Licenses. Your Membership Benefits and CANY’s Limited Licenses remain in effect through the date you cancel your membership or the date your CANY membership expires or is terminated as set forth in this Membership Agreement; at such time, your Membership Benefits and CANY’s Limited Licenses are revoked automatically without any further action required to be taken by CANY, and you agree to discontinue immediately the use of CANY’s Limited Licenses.

   B. Membership Code of Conduct. You understand and agree that CANY’s mission statement (set forth in subsection 1 below) requires CANY to advocate for a New York cannabis industry that is restorative, sustainable, and inclusive. For CANY to continue to inform and educate government officials and community leaders across New York State it must remain a trusted, reliable, and ethical leader in the cannabis industry. Put simply, CANY must continue to comply with high ethical and legal standards imposed by federal, state, and local laws and its own governance rules, policies, and procedures. Therefore, when you become a Member of CANY, you agree to abide by the following code of conduct designed to support CANY’s principles and advocacy on behalf of all its Members (collectively, the “Code of Conduct”):

   (1) You will support CANY’s mission statement (as such mission statement may be amended from time to time by CANY’s Board of Directors for any reason without prior notice to you and without needing your permission): 

   The purpose of CANY shall be for the non-charitable purposes of operating a trade association comprised of members that are cannabis businesses licensed by New York State and related businesses engaged in the cannabis industry in New York State. CANY will develop programs and services that: (i) improve the education and professional abilities of its members; (ii) foster high standards of ethical business conduct among its members; (iii) represent the interests of its members in governmental affairs; and (iv) increase public knowledge of the value of responsible cannabis businesses.

   (2) You will support CANY’s policy of inclusivity and diversity.

   (3) You will conduct yourself in a professional and ethical manner and show courtesy and respect to CANY’s Members, Board of Directors, advisors, employees, volunteers, and others with whom CANY maintains a professional relationship, including government officials.

   (4) When attending Member meetings, you will engage in a collegial and collaborative manner with CANY’s Members, Board of Directors, advisors, employees, and volunteers, and others with whom CANY maintains a professional relationship, including government officials.

   (5) You will refrain from any unethical, discriminatory, harassing, dishonest, intimidating, bullying, fraudulent, defamatory, abusive, malicious or threatening conduct towards others, including CANY’s Members, Board of Directors, advisors, employees, and volunteers, and others with whom CANY maintains a professional relationship, including government officials.

   (6) You will not engage in any conduct that may undermine or injure CANY’s mission statement, policies, advocacy, services, reputation, and public trust.

   (7) You will not violate any federal, state, and local laws.

   (8) If you are elected or appointed to serve as the chair or vice-chair of a Member committee, you understand and agree to the following:

   • you will identify issues for the committee to discuss, set the committee’s agenda for each meeting, and make strategic policy recommendations to CANY’s Board of Directors;
   • you will adhere to the decision of the majority of votes of Members present at a committee meeting;
   • you will exercise your authority and judgment with reasonable care, good faith, and due diligence and serve in the best interests of CANY and its Members;</li?
   • you will promote a collegial and collaborative environment for respectful, informed, and accurate debate;
   • you will maintain the confidentiality of any information relating to CANY’s internal policies, procedures, governance, management, and activities;
   • you will address and resolve conflicts among CANY Members in a professional manner;
   • you will not engage in any conduct that may create, escalate or prolong conflicts among CANY’s Members and/or with others with whom CANY maintains a professional relationship, including government officials; and
   • you will not engage in any conduct that may create divisions among CANY’s Members.

   (9) you will not speak and/or write on behalf of CANY and/or represent CANY in any official capacity in the private sector, public sector, and/or news media, whether you are a Member, on a Member committee, and/or serve as the chair or vice-chair of a Member committee.

   (10) you will not make any statement (written or oral) on behalf of CANY or as a representative of CANY in/on any private or public meeting, forum and/or platform, including, without limitation, on the Internet, whether you are a Member, on a Member committee, and/or serve as the chair or vice-chair of a Member committee.

   (11) you will support comprehensive consideration, debate, and discussion by Members of issues, concerns, and ideas relevant to CANY.

2. Membership Requirements.

   A.    Membership Fees; Term of Membership; Renewal of Membership; Cancellation of Membership. The term of your CANY membership is one (1) year beginning on the date you accept the terms of this Membership Agreement and pay the membership fee corresponding to the membership category you purchase on CANY’s Website (“Membership Term”). When you select and purchase your membership on CANY’s Website, you will receive notification as soon as your acceptance of this Membership Agreement and payment of the membership fee are processed online. CANY reserves the right to change the membership fees of any of its membership categories at any time and for any reason without any prior notice to you and without needing your consent. CANY also reserves the right to charge additional fees from time to time for benefits that may be added to its membership categories and/or for other services provided by CANY during your Membership Term. When you purchase a membership on CANY’s Website, your default payment method may be charged automatically on the renewal date found on your emailed invoice and on the My Account page of CANY’s website. You can change your payment method to Manual Renewal at any time prior to your auto-renewal date by following the “My Subscription” link from the My Account page. Members utilizing auto-renewal for annual membership terms will receive an upcoming payment reminder at least 15 days (but not more than forty-five days) before the auto-renewal charge.

   You may renew your membership on CANY’s Website on or after the expiration date of your Membership Term by agreeing to the terms of this Membership Agreement, as may be amended from time to time, and paying the membership fee in effect at that time. You may renew your Membership Term for unlimited additional one (1) terms. You may cancel your CANY membership at any time through your account on CANY’s website by following the “My Subscription” link from the My Account page or by sending an email to CANY’s Information Systems department at support@cany.org. Upon your cancellation you agree to forfeit your membership fee and any other pre-paid charges. CANY may take up to thirty (30) days to cancel your membership after receiving your email requesting cancellation.

   B.    Compliance.  As a CANY Member, you agree to comply with the terms of this Membership Agreement which includes the Code of Conduct. If CANY has reasonable cause to believe that you violated any provision of this Membership Agreement, including, without limitation, any provision of the Code of Conduct, CANY may take such action as the Board of Directors deems reasonable and necessary under the circumstances consistent with applicable laws and CANY’s internal rules, policies, and procedures. CANY, in its sole and absolute discretion, without prior notice to you, and without needing your consent, may revise this Membership Agreement from time to time and/or add new written guidelines, policies, procedures, and governing documents. You understand and agree that it is your sole responsibility to keep up-to-date with any changes and/or supplements to this Membership Agreement by checking the effective date located at the top of this Membership Agreement. If you have a complaint regarding any matter pertaining to CANY, including, without limitation, the terms of this Membership Agreement, membership fees, mission statement, policies, and/or activities, you understand and agree that your sole and exclusive remedy is to cancel your CANY membership and forfeit your membership fees and any other pre-paid charges for the remainder of your Membership Term. 

   C.    Confidentiality. You are not required to disclose any of your confidential and personally identifiable information to CANY, and you understand and agree that CANY has no obligation or liability to you and/or any other party to maintain as confidential any information and/or material that you may disclose and/or provide to CANY’s directors, officers, Members, committees, employees, volunteers, contractors, vendors, agents, advisors, and/or representatives (collectively, the “CANY Organization”), except that CANY shall keep confidential any banking and/or credit card information you may provide to the CANY Organization for payment of your membership fees and other charges pursuant to CANY’s Privacy Policy on CANY’s Website, as may be amended from time to time by CANY, in its sole and absolute discretion. 

   D.    Intellectual Property Rights. You agree that CANY is and shall remain, at all times, the sole and exclusive owner of all intellectual property that it owns, develops, and/or acquires, including, without limitation, all domestic and foreign patents, trademarks, domain names, service marks, trade names, copyrights, licenses (including, without limitation, CANY’s Limited License), inventions, trade secrets, proprietary information, lists, databases, websites, and know-how of any type and form (whether or not written, reduced to practice, registered, unregistered, and/or application pending), all intellectual property rights with respect to the foregoing, and any intellectual property developed and/or acquired through your participation in Member meetings, Member committees, and/or CANY-related and/or sponsored activities. To that end, you hereby irrevocably assign and transfer to CANY all of your right, title, and interest in and to such intellectual property rights developed and/or acquired by CANY through your participation in Member meetings, Member committees, and/or CANY-related and/or sponsored activities. 

   E.    Member’s Name and Logo. As a CANY Member and throughout your Membership Term, you provide CANY with a non-exclusive, non-transferable, royalty-free, revocable, and limited license to use your name and logo on CANY’s Website, promotional materials, press releases, public announcements, and social media platforms, including allowing CANY to create a hyperlink to your homepage on CANY’s Website, promotional materials, press releases, public announcements, and social media platforms, and identifying you as a CANY Member (collectively, “Your Licensed Property”). Upon cancellation, expiration or earlier termination of your membership as set forth herein, Your Licensed Property shall be revoked automatically; however, you understand and agree that CANY may take up to thirty (30) days to remove and/or discontinue the use of Your Licensed Property from CANY’s Website, promotional materials, press releases, public announcements, and social media platforms, including identifying you as a CANY Member. You agree to email CANY’s Information Systems department at support@cany.org if Your Licensed Property is still in use by CANY after this thirty (30) day period and permit CANY an additional thirty (30) days to remove and/or discontinue the use of Your Licensed Property from CANY’s Website, promotional materials, press releases, public announcements, and social media platforms, including identifying you as a CANY Member.

   F.    Indemnification. You agree to indemnify, hold harmless, and defend CANY and its past, current, and future officers, directors, Members, employees, contractors, vendors, volunteers, representatives, professionals, advisors, and agents (each, the “Indemnified Party”) from and against any and all damages, judgments, costs, claims, and liabilities that an Indemnified Party may sustain as a result of your (i) breach or threatened breach of the provisions of this Membership Agreement (as may be amended and/or supplemented from time to time); (ii) violation or threatened violation of any federal, state or local law, regulation, rule, ordinance, or judicial or administrative order; and/or (iii) participation in Member meetings, Member committees, and/or CANY-related or sponsored activities. Each of subsections (i) – (iii) in this Section 2(F) shall be determined by CANY, in its sole and absolute discretion.

   G.    No Transfer of Membership. You understand and agree that this Membership Agreement, including your rights and obligations hereunder, and your membership in CANY are personal to you and not transferable in any manner to any other person or entity, including, without limitation, your parent company, subsidiaries, affiliates, partners (general and limited), officers, directors, shareholders, members, managing members, managers, employees, contractors, vendors, volunteers, representatives, professionals, and agents. Additionally, you agree that your CANY membership and your rights and obligations under this Membership Agreement are not transferable to any person or entity as a result of a merger or acquisition, unless CANY provides its prior express written consent which it may withhold in its sole and absolute discretion.

   H.    Termination or Suspension of Membership by CANY. You understand and agree that CANY is required to maintain high ethical and legal standards in order to effectively promote the interests and inclusivity of all its Members. Therefore, you understand and agree that CANY may suspend or terminate your membership at any time during your Membership Term if, in CANY’s sole and absolute discretion, you:

   (i) breach or threaten to breach any of the provisions of this Membership Agreement, CANY’s Website Terms of Use and Privacy Policy, and/or any other guidelines, policies, procedures, and/or directives applicable to CANY Members (as each may be amended and/or supplemented from time to time by CANY, in its sole and absolute discretion and without prior notice to you);

   (ii) violate or threaten to violate any federal, state, or local law, regulation, rule, ordinance, or judicial or administrative order;

   (iii) Defame (as such term is defined in Section 2(I) of this Membership Agreement) or threaten to Defame CANY and/or any of CANY’s past, current, and future officers, directors, members, employees, contractors, vendors, volunteers, representatives, professionals, advisors, or agents;

   (iv) breach or threaten to breach any of the provisions of any other written agreement entered into between you and CANY, including, without limitation, a members’ committee agreement;

   (v) commit or threaten to commit any unethical, discriminatory, harassing, dishonest, intimidating, bullying, fraudulent, defamatory, abusive, or malicious behavior against another person or entity;

   (vi) make or threaten to make any unethical, harassing, dishonest, fraudulent, bullying, abusive, misleading, and/or malicious statement (written or oral) against another person or entity;

   (vii) make or threaten to make any recording (in written or oral format) of any communications without obtaining the prior written consent of all those present during such communications;

   (viii) disclose or threaten to disclose any recording and/or communications, whether in written, oral or electronic form, without obtaining the prior written consent of all those present during such recording and/or communications; or

   (ix) undermine or threaten to undermine CANY, including, without limitation, its mission statement, objectives, goals, operations, policies, procedures, reputation, goodwill, and services (including, without limitation, its educational, public advocacy and/or government relations services, objectives, policies, and activities), as each may be amended and/or supplemented from time to time by CANY, in its sole and absolute discretion and without prior notice to you.

   You understand and agree that upon expiration of your Membership Term, cancellation of your CANY membership by you, or suspension or termination of your membership by CANY pursuant to this Membership Agreement, all membership fees and charges pre-paid by you prior to the expiration, cancellation, suspension or termination of your membership, as the case may be, are nonrefundable, and your Member Benefits, CANY’s Limited License, and Your Licensed Property are automatically revoked as expressly set forth in this Membership Agreement. 

   I.   Non-Disparagement. You agree not to engage in any conduct and/or make any statement(s) or representation(s), whether written or oral, that would Defame, in any manner, CANY and/or its mission statement, policies, procedures, internal governance, activities, services, operations, reputation, goodwill, and/or past, current, and future officers, directors, members, employees, contractors, vendors, volunteers, representatives, professionals, advisors, and agents. For purposes of this Section 2(I), the term “Defame” means the making of any false or intentionally misleading statement or representation (written or oral) and/or taking any action based on false or intentionally misleading information, including, without limitation, making false or intentionally misleading comments or statements to the press or any public comments or statements that in each case is intended, or can reasonably be expected, to materially damage CANY, as determined by CANY, in its sole and absolute discretion.  

3. Disclaimer. CANY MAKES NO REPRESENTATIONS AND/OR WARRANTIES, EITHER EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, STATUTE, OR OTHERWISE, AND  SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF AUTHENTICITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, SAFETY, QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

4. Governing Law; Dispute Resolution; Injunctive Relief. This Membership Agreement shall be governed by the laws of the State of New York without regard to conflicts of law provisions thereof. You agree than any controversy, claim or dispute arising out of or relating to this Membership Agreement shall be settled in the following order in Cortland County, New York (if not available in Cortland County, then Broome County): mediation to be conducted in accordance with the then prevailing mediation rules for commercial disputes of the American Arbitration Association (you and CANY shall pay your/its pro-rata share of the expenses and fees of the mediator, together with any other expenses of the mediation). Any resolution of any controversy, claim or dispute arising out of or relating to this Membership Agreement settled by mediation shall be memorialized in a written agreement to be executed by you and CANY. Such executed written agreement reached by mediation shall be final and conclusive and may be entered in any court of competent jurisdiction thereof as a basis of judgment and the issuance of execution for its collection. In the event you and CANY do not reach an executed written agreement through mediation, then you agree to submit to binding arbitration to be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association. The prevailing party shall be entitled to recover all costs of arbitration, including reasonable attorneys’ fees. Arbitration may proceed in your absence if written notice (pursuant to the arbitrator’s rules and regulations) of the proceeding has been given to you. You agree to abide by all written decisions and awards rendered in such arbitration proceedings. Such written decisions and awards rendered by the arbitrator(s) shall be final and conclusive and may be entered in any court of competent jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. The mediator and arbitrator, acting in such capacity, shall not have the right to award punitive damages or speculative damages to you and shall not have the power to amend this Membership Agreement, as may be amended and/or supplemented from time to time by CANY. All such controversies, claims or disputes shall be settled in this manner in lieu of litigation, except that nothing in this Section 4 shall be construed as precluding bringing an action for equitable relief or injunctive relief to prohibit your continued breach of this Membership Agreement or compel your specific performance under this Membership Agreement. CANY shall have the right to obtain such injunctive relief without having to prove any damages or post any bond. Additionally, in the event of any breach of this Membership Agreement by you which relates to the use of CANY’s Limited License, you agree that you shall be liable to CANY for liquidated damages in the amount of $1,000.00 for each day that your breach continues, and you further agree that these liquidated damages are not a penalty, but, instead, represent a reasonable approximation of CANY’s actual damages which are difficult to measure and quantify with accuracy but are proportional to the probable loss to be sustained by CANY in the event of such breach by you.

5. Limitation on Liability. IF FOR ANY REASON THE MEDIATION OR ARBITRATION CLAUSE SET FORTH IN THIS MEMBERSHIP AGREEMENT BECOMES NOT APPLICABLE, THEN YOU AND CANY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT OR ANY OTHER MATTER INVOLVING YOU AND CANY.

6. Notice. Any notice required to be given hereunder shall be effective only if in writing and delivered by one of the following means (collectively, the “Notices”): (a) a courier service pre-paid by sender; (b) a nationally recognized overnight courier service (next business day delivery) pre-paid by sender; (c) United States Postal Service certified mail, return receipt requested, pre-paid by sender; or (d) email to the designated email addresses herein. Notices given by means of options (a) – (c) in the preceding sentence must be delivered to CANY at the following address:

CANNABIS ASSOCIATION OF NEW YORK, INC.
37 Huntington Street
Cortland, New York, 13045
Attention: Damien Cornwell, President

For any email Notice sent by you to CANY, you agree to email CANY at contact@cany.org. CANY may designate a different physical address and/or email address for Notice purposes; therefore, you agree that it’s your sole responsibility to check the effective date of this Membership Agreement on a regular basis and keep up-to-date with any changes to this Section 6. 

For Notices to you, CANY shall use the physical and email addresses you provided in your membership application. You may designate a different physical address and/or email address for Notice purposes by sending an email to CANY at support@cany.org. 

Notices shall be deemed effective on the delivery date indicated by the United States Postal Service certified mail receipt, the written and/or digital records of the courier service or the nationally recognized overnight courier service (or on the date that delivery is refused with written and/or digital proof of attempted delivery), and/or written or digital records confirming email receipt (an acceptable email receipt must be in the form of a “delivery receipt” tracked by the sending party, the recipient’s confirmation of receipt or the recipient’s response to the email).

7. Waiver. No delay or omission by CANY in exercising any right under this Membership Agreement shall operate as a waiver of that or any other right. All waivers by CANY must be contained in an express writing signed by the President of CANY’s Board of Directors. A written waiver or consent given by CANY on any one occasion is effective only in that instance and will not be construed as a bar to or waiver of the same right or any other right on any other occasion. 

8. Severability. If any provision of this Membership Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited as required, and the remaining provisions of this Membership Agreement shall not be affected thereby and shall remain in full force and effect to the fullest extent permitted by law. 

9. Entire Agreement; Construction. This Membership Agreement and CANY’s Terms of Use and Privacy Policy on its Website which are incorporated into and made a part of this Membership Agreement by reference represent the entire agreement between you and CANY. The titles of the sections of this Membership Agreement are for convenience of reference only and are not to be considered in construing this Membership Agreement. Unless the context of this Agreement clearly requires otherwise: (a) references to the plural include the singular, the singular the plural, and the part the whole, (b) references to one gender include all genders, (c) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (d) “including” has the inclusive meaning frequently identified with the phrase “including, but not limited to” or “including without limitation,” (e) references to “hereunder,” “herein” or “hereof” relate to this Membership Agreement as a whole, (f) the term “days” refers to U.S. calendar days and not business days, unless expressly noted; and (g) any reference to “you” includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations and trusts (in each case whether or not having separate legal personality). Any reference in this Agreement to any statute, rule, regulation or agreement, including this Membership Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. You agree that this Membership Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against any one party, and that ambiguities shall not be interpreted against CANY, as the drafting party.

10. Amendments and Supplements. As set forth in Section 2(B) of this Membership Agreement, CANY, in its sole and absolute discretion and without prior notice to you, may revise this Membership Agreement from time to time and/or add new written guidelines, policies, and governing documents. You understand and agree that it is your sole responsibility to keep up-to-date with any changes and/or supplements. CANY will post revisions and/or supplements by updating the effective date located at the top of this Membership Agreement. Each time you access this Membership Agreement, you agree to check the effective date to determine if this Membership Agreement has been updated and/or supplemented since you last accessed it. 

11. Your Acceptance of this Membership Agreement. You understand and agree that, once you click on the “I Accept” button, this Membership Agreement takes effect automatically, and you agree to comply with the terms and conditions set forth in this Membership Agreement.