Terms of service.

Last Updated 3/28/2024

Welcome to One Canopie! These Terms of Service outline the rules and regulations for the use of One Canopie’s Services and Website.

Please read this Agreement carefully before using the Website or the Services. This Agreement contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to your access and use of https://www.onecanopie.com (the "Website"). By accessing or using the Website, you agree to be bound by these Terms.

A. DEFINITIONS

The following Terms of Service, together with any other agreements, documents and/or additional terms they expressly incorporate by reference constitute a legal agreement (collectively, this "Agreement") and are entered into by and between you ("you", "your", "User", “Client”) and One Canopie LLC (“One Canopie”, "Company", "we", "us", "our" & “ourselves”). As used in these Terms of Service, references to “One Canopie” mean and include One Canopie LLC and its Affiliates (defined below). “Party”, “Parties”, or “Us” refers to both You and Ourselves, or either the You or Ourselves.

One Canopie provides via the Website certain grief and behavioral health-related information and is a provider of technology that enables You to purchase from, contract with and/or communicate with end-of-life vendors and service providers that participate on the Website. One Canopie also provides informational services that are provided by mental health professionals who have independently contracted to participate on the Website. One Canopie additionally provides mental health, grief and trauma-related products for review and purchase on the Website. Lastly, One Canopie provides information and consultation services for end-of-life events that may be health-related, legal or logistical in nature. (Collectively, the Company’s aforementioned activities, products, Content, services and Website shall be referred to hereinafter as the “Services” or “Service”).

Additionally, for the purposes of these Terms of Service:

“Account” means a unique account created for You to access our Service or parts of our Service.
“Affiliate” means Company’s parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns.
“Agreement” means this Terms of Service contract between the Company and You.
“Content” refers to content such as text, images, videos, or other information that can be posted, uploaded, linked to or otherwise made available by or to You, regardless of the form of that content.
“Control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority of an entity.
“Country” refers to the United States of America.
“Device” means any device that can access the Service such as a computer, a cell phone, a smart watch or a digital tablet.
“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
“Terms of Service” (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Services.
“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“Website” refers to One Canopie’s website(s), accessible at https://www.onecanopie.com.
“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Any use of the above terminology in the singular or plural, and whether capitalized or not, are taken as interchangeable and therefore as referring to the same.

B. ACKNOWLEDGEMENT

These are the Terms of Service governing the use of this Service and the Agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all Users regarding the use of the Service.

These Terms and Conditions apply to your use of the Website and, to the extent referenced, to your registration for, subscription to, and use of the Services.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, You agree to be bound and abide by these Terms of Service as well as our Privacy Policy and our Shipping & Returns Policy, both incorporated herein by reference. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. If You disagree with any part of these Terms of Service then You may not access the Service.

C. UPDATES TO TERMS OF SERVICE

One Canopie may, at any time and from time to time, in its sole discretion, change these Terms of Service. Any changes to these Terms of Service will be effective immediately upon posting of the changed Terms of Service on the Website and apply to all access to and use of the Services thereafter. You agree to review these Terms of Service periodically, and your use of the Website following any such change constitutes your agreement to follow and be bound by such changed Terms of Service.

D. OPERATION AND RECORD RETENTION

One Canopie reserves complete and sole discretion with respect to the operation of the Website and the Services. One Canopie may, among other things, withdraw, suspend or discontinue any functionality or feature of the Services. One Canopie is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunication carriers. One Canopie is not responsible for maintaining information arising from use of the Website or in respect to the Services. One Canopie reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Services pursuant to its internal record retention and/or destruction policies.

E. OUR RIGHTS

We have the right, without provision of notice to:

Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website; and
Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service.

YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

F. THIRD-PARTY LINKS AND CONTENT

For your convenience, this Website may provide links or pointers to third-party sites or third-party content. Also, if you click on an advertisement that appears on one of the pages of the Website, you may be transported to a third-party’s website and away from Our Website. These Terms of Service and Our Privacy Policy apply to your relationship with One Canopie only and do not describe the terms of service, privacy policies or other policies of third parties. One Canopie is not responsible for the terms of services, privacy practices, accuracy, copyright compliance, legality, security, decency or any of the information, products, services or any transmissions received by or through third parties. We make no representations about any other websites or third-party content that may be accessed from or through Our Website. If you choose to access any such sites, you do so at your own risk. You are subject to any terms and conditions of such third-party websites. Third parties are not authorized to make any representation or warranty on One Canopie’s behalf. You agree that One Canopie has no liability, obligation or duty whatsoever for any third-party’s terms and conditions or privacy practices or any third-party’s websites and/or content and your use or misuse of them. We have no control over the third-party content or any such third-party websites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. If you wish to suspend email or mail communications from third parties, you must contact them directly.

No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by One Canopie.

Any link on the Website to any third-party’s website does not indicate Our endorsement of the terms or privacy practices of that third party. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

G. USER GUIDELINES

Use of the Services

Subject to Your compliance with these Terms, we grant You a limited, non-exclusive, non-transferable, non-sublicensable license to use the Website solely for Your personal and non-commercial purposes. Your use of the Website must be in accordance with all applicable laws. You acknowledge that You do not acquire any ownership rights in the Website.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization. You may not use as a username a name that is offensive, vulgar or obscene.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify One Canopie in writing of any unauthorized use of your password or other security concerns of which you become aware.

Prohibited Use

You may use the Services and Website only for lawful purposes and in accordance with these Terms of Service. The following is a list of the type of actions that You may not engage in with respect to the Website or Services:

You will not promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, harassing, hateful or otherwise objectionable behavior;
You will not allow any other person to use your account, username or password to access the Website, unless otherwise permitted herein;
You will not use the Website or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
You will not post, distribute, or reproduce in any way any content that infringes upon One Canopie or third-party intellectual property rights or violates third-party rights of privacy or rights of publicity;
You will not use, display, "frame" or "mirror" any part of the Website, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us;
You will not collect or store any personal information, including personally identifiable information, from users without their express permission;
You will not provide any inaccurate, incomplete, false or misleading information, including regarding your identity, when using the Website;
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, "data mine", or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
You will not interfere, access, tamper with or disrupt the Website or the servers or networks connected to the Website;
You will not attempt to probe, scan or test the vulnerability of the Website or any of our systems or network or breach any security or authentication measures;
You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
You will not record in any way the Website without our express written consent;
You will not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website;
You will not use any device, software, or routine that interferes with the proper working of the Website;
You will not introduce any viruses, Trojan horses, worms, logic bombs, time bombs or other computer programming or code that is malicious or designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or the Services, personal information, software, equipment, servers or information or facilitate or promote hacking or similar conduct;
You will not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website or the Services;
You will not 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;
You will not attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
You will not otherwise attempt to interfere with the proper working of the Website; and
You will not assist or permit any person to engage in any of the activities described in this Subsection “Prohibited Use”.

Additionally, You agree not to use the Website or Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data to and from the U.S. or other countries).
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.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose either to liability.
You will not assist or permit any person to engage in any of the activities described in this Subsection “Prohibited Use”.

You further agree that any information you provide or use on the Website, and your use of the Services, will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. One Canopie may delete any information provided by You that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Children

The Website is not intended for children. If you are under 18 years of age, please do not use or access the Website at any time or in any manner. By using the Website, you affirm that you are over the age of 18. One Canopie does not seek through the Website to gather personal information from or about persons under the age of 18.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are subject to the terms of these Terms of Service and responsible for your child's activity on the Website.

H. FEEDBACK

We greatly appreciate your Feedback about the Website and the Services. You should know that we can, but are not obligated to, use your Feedback without restriction. We do not have any obligation to compensate you for the Feedback, and we have no obligation to keep the Feedback confidential. You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

I. USER-GENERATED CONTENT

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service, on Company’s social media platforms, and in Company’s promotional materials, interviews, media and via any other form, place or method. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, Content that is:

Unlawful or that promotes unlawful activity;
Defamatory, discriminatory, or mean-spirited, including references or commentary about religion, race, sexual orientation, sex, gender, national/ethnic origin, or other targeted groups;
Spam or is machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, or any other form of unauthorized solicitation;
Meant to aid or enable a lottery or gambling;
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
Meant to impersonate any person or entity including the Company and its employees or representatives;
Violating to the privacy of any third person; or
Knowingly false.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms and to refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post objectionable Content. As the Company cannot control all Content posted by users and/or third parties on the Service, you agree to use the Services at your own risk. You understand that by using the Service You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. However, You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

J. INTELLECTUAL PROPERTY

Unless otherwise stated, the Services and the Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

All intellectual property rights are reserved. These Terms of Service permit you to use the Website for your personal, non-commercial use subject to restrictions set in these Terms of Service. No rights are granted to you other than as expressly set forth in these Terms.

You must not:

Modify copies of any materials from the Services.
Create derivative works of, or otherwise attempt to reproduce, copy or duplicate, the Services.
Publicly display, publicly perform, download, store, or transmit any of the materials from the Website.
Delete or alter any of the copyright, trademark, or other proprietary rights notices from the Services.
Republish material from the Services.
Sell, rent or sub-license material from the Services.
Redistribute or resell Content, materials or Services purchased, viewed or acquired from One Canopie and/or the Website.
Access or use for any commercial purposes any part of the Website or materials available through the Website, or any Services.

Except, however:

Your computer may temporarily store copies of material from Our Website in RAM incidental to your accessing and viewing those materials.
You may store Website files that are automatically cached by your Web browser for display enhancement purposes.
You may view and 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 you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Nothing contained on the Website should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Website or Services without the written grant thereof by One Canopie or the third-party owner of such trademarks, service marks and logos. The Website may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

DMCA Notice

We respect the intellectual property rights of others and expect our clients to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at https://www.copyright.gov. In accordance with the DMCA, One Canopie has designated an agent to receive notification of alleged copyright infringement. Any written notification of claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to support@onecanopie.com.

One Canopie does not condone or tolerate copyright infringement or any violation of the intellectual property rights of One Canopie or of others. One Canopie reserves the right to terminate the access and/or use privileges of any person who has been determined to be a 'repeat infringer' of the intellectual property rights of One Canopie or others. One Canopie reserves the right to define the criteria by which One Canopie will determine that a person is a 'repeat infringer.' In the event that 'repeat infringer' is defined by statute, law, or regulation as applicable to 17 U.S.C. § 512, One Canopie will adopt that definition as a minimum standard. Without limiting One Canopie’s right to define 'repeat infringer,' as a general rule, One Canopie will define a 'repeat infringer' as any person or entity about whom One Canopie has received two or more DMCA Notices of Alleged Infringement. One Canopie will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a 'repeat infringer' is appropriate.

REGARDLESS OF WHETHER ONE CANOPIE TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, 'REPEAT INFRINGER' OR OTHERWISE, ONE CANOPIE IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL ONE CANOPIE INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY ONE CANOPIE WEBSITE OR SERVICE.

K. TERMS OF SALE

Online Orders

All orders, purchases or transactions for the sales of goods, digital products, or information made using this Website are subject to the following additional terms and conditions of sale:

You may not order or obtain goods, digital products or information from this Website if you: (i) are prohibited from accessing or using this Website or any of this Website's contents, goods, digital products or information by applicable law or (ii) you are outside the geographic region where the goods, digital products or information are available for purchase;
You agree that your order is an offer to buy, under these Terms of Service, all goods, digital products, or information listed in your order. All orders must be accepted by Us or we will not be obligated to sell such goods, digital products or information to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered; and
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price and currency charged for a good, digital product or information will be the price and currency advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price and currency charged will be clearly stated in the shopping cart before you confirm your purchase. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total pricing and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Features and specifications of products or Services described or depicted on the Website are subject to change at any time without notice.

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.

You may not sell or resell any goods or products you purchase or otherwise receive from One Canopie. One Canopie reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Service, as determined by One Canopie in its sole discretion. Except where prohibited by law, One Canopie may limit the number of products available for purchase.

On occasion, One Canopie’s suppliers and contractors may experience supply chain and shipping disruptions such that the exact item(s) pictured for sale on the Website’s product pages are not available. The item(s) pictured for sale on the Website’s product pages may be substituted by One Canopie for similar items if One Canopie is unable to acquire the exact items in the picture. Any substituted items will be similar in form, function and value.

Shipments & Delivery

We will arrange for shipment of the goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

Title and risk of loss pass to you upon our transfer of the products to the carrier/shipper. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Payment and Fees

You may be required to purchase or pay a fee to access or acquire some of Our Services. We accept Mastercard, Visa and American Express for all purchases via online payment methods (Stripe and PayPal, for example). However, Company does not guarantee the availability of any payment method at any moment and Company may add, remove or suspend any payment method temporarily or permanently at Company's sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in USD.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.

Billing Information

If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

Product availability
Errors in the description or prices for Products
Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Products you purchase can only be returned or refunded in accordance with these Terms of Service.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Products on the Service. The Products available on the Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Refunds

One Canopie’s Shipping & Refund Policy is incorporated into this Agreement by reference. Please visit the Shipping & Refund Policy on our Website for more details on refund and shipping processes and policies.

Promotions and Free Samples

Occasionally, One Canopie offers promotions through e-mails, catalogs, social media and advertisements. As a registered user of OneCanopie.com, you may be eligible from time to time to receive email promotions and offers that include special codes for special free samples, free shipping or other promotions. One Canopie maintains the right and ability to end any promotions at any time in its sole discretion.

There may be a minimum merchandise purchase requirement (taxes and shipping costs are excluded) to redeem and/or use a promotion. Please note that eGift Certificates, Gift Cards and store credit balances do not count towards the minimum purchase requirement, as they are not considered merchandise. You may only use one promotion per order. All promotions are available for a limited time, while supplies last and cannot be used once expired. These promotions are not redeemable for cash.

Please note that excessive abuse or misuse of promotions and codes may result in order or item cancellation. In order to allow fair redemption of promotions for all of Our registered Clients, One Canopie may restrict redemption to one per Client.

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

On occasion, and under our sole discretion, One Canopie may elect to send free samples and/or other gifts along with an order. Samples are limited and may change often. These samples and gifts are not redeemable for cash and cannot be returned or exchanged for cash or store credit. Due to the limited nature of the free samples and gifts, we regret that we are unable to reship samples or gifts if they arrive damaged. Samples and gifts are shipped with merchandise orders only. If part of your order is cancelled, the samples and/or other promotional items in your order will ship with the rest of your merchandise order. If your entire order is cancelled, the samples and/or other promotional items will not ship because a merchandise purchase is required.

L. TERM AND TERMINATION

Term

This Terms of Service Agreement shall commence upon the date you first access the Website or Services.

Termination

You may terminate these Terms by ceasing to access and use the Website. We may terminate your use of the Website or Services at any time by sending notice to you at the address or email you provided or otherwise contacting you. If we terminate your use of the Services or Website because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refunds of Services provided. We are not required to provide you with notice prior to terminating your use of the Services and/or Website or a reason for such termination. In order to protect the integrity of the Website, we may, at any time, and in our sole discretion, block users from certain IP addresses from accessing the Website.

Even after termination, this Terms of Service will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.

If you terminate these Terms of Service and thereafter access the Services or Website, you shall be subject to the Terms and Service posted on the Website at that time.

M. MARKETING & COMMUNICATIONS

Cookies

We may employ the use of cookies. By using One Canopie’s website you consent to the use of cookies in accordance with One Canopie’s Privacy Policy. Most modern interactive websites use cookies to enable companies to retrieve user details for each visit.

Cookies are used in some areas of our Website to enable the functionality of the area and ease of use for Clients. Some of our affiliate / advertising partners may also use cookies.

Consent to Communications

You agree that we may send the following to you by mail, email or by posting them on the Website: legal disclosures; these Terms; Privacy Policy; Shipping & Return Policy; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Services. You agree that we may contact you via email, phone, text, or mail regarding prospective Services. Text messages and emails are not always secure because they travel over networks that we do not own or control. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and One Canopie.

You may opt out of certain types of electronic communications through your account or by following the unsubscribe instructions in any communication you receive from One Canopie. Your withdrawal of consent will be effective within a reasonable time period after we receive notice of your withdrawal.

We will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about Your orders. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

N. WARRANTY DISCLAIMERS

“As Is” and “As Available” Disclaimer

YOU ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ONE CANOPIE AND ITS AFFILIATES HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, ONE CANOPIE MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE FOREGOING, ONE CANOPIE DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES ONE CANOPIE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENTNESS, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE WEBSITE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU ACKNOWLEDGE AND AGREE THAT ONE CANOPIE IS NOT RESPONSIBLE FOR (I) ANY PRINTING, TYPOGRAPHICAL OR TECHNOLOGICAL ERRORS REGARDLESS OF THE MATTER, MEDIA, MATERIAL OR FORM THEREOF, (II) ANY ELECTRONIC, HUMAN, EQUIPMENT, PROGRAMMING, OR OTHER ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY WHICH MAY OCCUR REGARDLESS OF THE MATTER, MEDIA, MATERIAL OR FORM THEREOF, (III) INCORRECT, INACCURATE, LATE, LOST, STOLEN, ILLEGIBLE, INCOMPLETE OR MISDIRECTED MATTERS OR INFORMATION REGARDLESS OF THE MATTER, MEDIA, OR FORM THEREOF, (IV) TECHNICAL FAILURES OF ANY KIND, (V) INADVERTENT LOSS OF INFORMATION; AND/OR (VI) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART, MATERIAL OR PROCESS OR OTHERWISE.

ONE CANOPIE DOES NOT WARRANT OR VALIDATE THE INFORMATION OF ANY THIRD-PARTY’S ADVERTISEMENTS, PROMOTIONS, COMMUNICATIONS, OR OTHER MATERIALS. ONE CANOPIE DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF INFORMATION CONTAINED IN THE SERVICES OR THIRD-PARTY SITES OR THIRD-PARTY CONTENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SERVICE, WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

Content Disclaimers

NEITHER THIS WEBSITE NOR ONE CANOPIE PROVIDES MEDICAL OR THERAPEUTIC ADVICE.

You should not use Information found on this Website to replace a relationship with a mental health professional or other healthcare professional and should not rely on the foregoing as professional medical advice. Always seek the advice of a licensed mental healthcare professional or other qualified healthcare provider concerning questions you have regarding a mental health or medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a medical health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Website or in the Services.

Information contained in this Website is compiled from a variety of sources and may or may not be considered authored by One Canopie. One Canopie makes no representation or warranty as to any such information.

While One Canopie attempts to keep all the information in its Services and Website up-to-date, medical treatment and knowledge change quickly, and the Services should not be considered error-free or as a comprehensive source of all information on a particular topic. One Canopie makes no warranties or representations as to the accuracy of the information in the Services, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material in the Services. Your use of this Website is subject to the additional disclaimers and caveats that may appear throughout these Terms of Service and the Services. You assume the entire risk of loss in using the Services and information contained therein.

O. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ONE CANOPIE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, PERSONAL INJURY, WRONGFUL DEATH, ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE WEBSITE, ANY SERVICES OFFERED OR PROVIDED THROUGH THE WEBSITE OR BY OTHER MEANS, ANY INFORMATION OR PRODUCTS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR SERVICES SUBSCRIBED TO ON THIS WEBSITE OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF THE SAME.

TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE, ONE CANOPIE’S TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES IS LIMITED TO THE GREATER OF (1) $100 OR (2) THE FEES PAID TO USE THE RELEVANT SERVICES IN THE 12 MONTHS BEFORE THE DISPUTE.

P. INDEMNIFICATION

TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ONE CANOPIE AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL RIGHTS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, ACTIONS AND SUITS (NO MATTER WHETHER AT LAW OR EQUITY), FEES, COSTS AND ATTORNEYS’ FEES (INCLUDING APPELLATE LEVEL) OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH (i) YOUR USE OR MISUSE OF THIS WEBSITE OR THE SERVICES OR ANY INFORMATION POSTED ON THE WEBSITE, (ii) YOUR SUBSCRIPTION, (iii) YOUR BREACH OF THE TERMS OF SERVICE OR THE PRIVACY POLICY OR THE SHIPPING & RETURNS POLICY, (iv) THE CONTENT OR SUBJECT MATTER OF ANY INFORMATION YOU PROVIDE TO ONE CANOPIE, ANY OF ITS AFFILIATES, OR CUSTOMER SERVICE REPRESENTATIVES, AND/OR (v) ANY NEGLIGENT OR WRONGFUL ACT OR OMISSION BY YOU IN THE USE OR MISUSE OF THIS WEBSITE OR THE SERVICES OR ANY INFORMATION POSTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS.

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Q. NOTICES

One Canopie may provide notice to you by email to the email address you provided during registration, by a general notice on the Website, or by written communication delivered by first class U.S. mail or express courier to your address on record with One Canopie. Notices sent by email by either party will be effective when the email is sent. Notices sent by either party by overnight courier or registered or certified mail will be effective once received. Notices we provide by posting on the Website will be effective upon posting.

You may give notice to One Canopie at any time by emailing support@onecanopie.com or by letter delivered by first class postage prepaid U.S. mail or express courier to One Canopie, Attn: Client Notice at 418 Broadway, STE N, Albany, NY 12207. Specific questions and comments should be directed to the appropriate department via our “Contact” page on the Website.

R. Governing Law, Jurisdiction and Venue

Choice of Law, Jurisdiction and Venue

These Terms of Service and the Privacy Policy and the Shipping & Returns Policy and any and all other One Canopie policies and agreements shall be governed by and construed in accordance with the laws of the State of New York, as amended from time to time, without regard to principles of conflicts of law. Any civil action or legal proceeding arising out of or relating to the Terms of Service; Privacy Policy; Shipping & Returns Policy; and/or any and all other One Canopie policies and agreements shall be brought in the applicable Federal or State courts located in New York, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. Service of any court paper may be effected on a party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Any cause of action or claim you may have with respect to One Canopie must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.

This Website can be accessed from the United States and other countries worldwide. Since the laws of each state or country may differ, you agree that the statutes and laws of the State of New York, without regard to any principles of conflicts of law, will apply to all matters relating to your use of this Website. One Canopie makes no representation that information or Services provided on or through this Website are appropriate or available for use in other territories or countries. If you choose to access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.

For European Union Users

If You are a European Union Client, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

S. DISPUTE RESOLUTION

Dispute Resolution

If You have any concern or dispute about the Services, You agree to first try to resolve the dispute informally by contacting the Company at support@onecanopie.com.

Enforcement Costs

If any civil action or other legal proceeding is brought for the enforcement of the Terms of Service, Shipping & Returns Policy, and/or the Privacy Policy, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of the Terms, Shipping & Returns Policy, and/or the Privacy Notice, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by attorneys on the matter to the prevailing party (including fees and costs associated with collecting such amounts).

T. COMPLIANCE

We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us which you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at the email and/or physical address listed under the section “Notices.” You can unsubscribe or opt-out of email communications from One Canopie at any time by following the “unsubscribe” link in Our emails to You.

U. FORCE MAJEURE

Notwithstanding anything herein to the contrary, One Canopie shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of a governmental authority, act of a public enemy, war, riot, flood, civil commotion, insurrection, strike, supply chain disruption, severe weather conditions, or any other cause beyond its reasonable control.

V. ENTIRE AGREEMENT

These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledge that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.

This electronic Agreement, and all other electronic documents and agreements referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

W. HEADINGS AND CONSTRUCTION

The headings contained in the Terms of Service, the Privacy Policy and the Shipping & Returns Policy are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Service.

X. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid by any court having competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will remain in full force and effect.

Y. ASSIGNMENT & THIRD-PARTY RIGHTS

Unless expressly stated in these Terms of Service or in the Privacy Policy to the contrary, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under or by reason of these Terms of Service or the Privacy Policy on any persons other than you, One Canopie and its Affiliates. Nothing in these Terms of Service and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to You or to One Canopie or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, One Canopie or its Affiliates.

These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. One Canopie may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

These Terms of Service, the Privacy Policy and the Shipping & Returns Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

Z. WAIVER

Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Service or the Privacy Policy, shall not be considered a waiver thereof. Any waivers by One Canopie must be in writing and signed by an authorized representative of One Canopie. No single waiver shall be considered a continuing or permanent waiver, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. The waiver of a breach shall not constitute a waiver of any subsequent breach.

If you have any questions about these Terms, please contact us via email at support@onecanopie.com. Thank you!