User Terms of Use and Privacy Policy
Revised November 2018

Introduction

Welcome to jwcmed.com, owned and produced by James E. Wagner Cultivation Ltd. and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "James Wagner Cultivation"). James Wagner Cultivation currently consists of one or more web pages at or linked to the URL www.jwcmed.com, collectively referred to as the "James Wagner Cultivation Network," which may expand or change from time to time. Unless explicitly stated otherwise, any new Products and Services (as defined below), including the addition of new James Wagner Cultivation Network properties shall be subject to these Terms and Conditions.

This software application is provided as a productivity tool and data storage service to our clients and subscribers. It contains a summary of current medical cannabis general information as well as information needed in the medical cannabis prescription and use process. The software is intended to be general in nature and should not be considered as a substitute for the advice of a professional medial or other qualified consultant. You are cautioned not to act on information provided in this software application without seeking specific professional advice with respect to their unique circumstances.

James Wagner Cultivation makes available a variety of Products and Services, which may change or vary from time to time, through the James Wagner Cultivation Network (collectively, the "Products and Services") subject to these General Terms and Conditions ("Terms and Conditions"). In addition, there may exist a variety of special Products and Services offered through the James Wagner Cultivation Network that have separate registration procedures and separate terms and conditions, terms of service, User agreements, or similar legal agreement or other requirements. When you are using any service or product on the James Wagner Cultivation Network that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. James Wagner Cultivation also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of the James Wagner Cultivation Network. In addition, the James Wagner Cultivation Network also may offer other services from time to time that are governed by the terms of service of the respective service partners.

Any and all information provided by you or other information about you otherwise obtained by James Wagner Cultivation through legal means, is collectively referred to in this document as James Wagner Cultivation Network registrations. The terms and provisions and limitations contained in this document regarding James Wagner Cultivation Network registrations shall apply comprehensively to all such James Wagner Cultivation Network registrations.

Because these Terms and Conditions contain legal obligations, and define the legal relationship between James Wagner Cultivation and users of this site (including all persons or entities providing information which may be stored by James Wagner Cultivation) please read them carefully.

Please direct any legal questions to:
General Counsel
James E. Wagner Cultivation Ltd.

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The headings contained in these provisions are solely for your convenience and have no legal import. James Wagner Cultivation's operations include activities related to the production and distribution of cannabis and related products, as well as conducting research into various aspects concerning cannabis; and providing information to interested parties (including patients, healthcare practitioners and government agencies). As such, James Wagner Cultivation may also collect personal information from individuals participating in or impacted by those activities.

We may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page within our website that is viewed by that IP address and what country you are from. We use this information to monitor our website's performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our website, and for compliance with regulatory requirements concerning the receipt and storage of personal data about users.

For access to certain of our pages or certain of our services, we may require you to verify that you have attained a minimum age, as set by law in your jurisdiction of residence. To assist with this requirement, we may place a "cookie" on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows our websites to identify you and to record your preferences. The cookie allows us to track your visit to our website(s) so that we can better understand your use of our website(s) so that we can customize and tailor them to better meet your needs. Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (i) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (ii) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you may not be able to access a number of web pages found on our websites.

James Wagner Cultivation does not discriminate amongst its Users on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

1. ACCEPTANCE AND CONSENT

All references in this document to the words “you”, “your”, “yourself”, “User”, whether as singular or plural or upper case or lower case, shall be deemed to refer to you as the person or entity which or who is using this James Wagner Cultivation Network, and as the person or entity clicking the consent box below signifying having read this document and consenting to all of the terms, provisions and limitations contained herein.

By clicking on your agreement at the end of this document, or by using the Products and Services (including your provision of personal information about yourself including by registration under this web site, or participating in or interacting with one or more of the services or functions provided in or by this web site), you consent to and agree, without limitation or qualification, to be bound by and to comply with all of these Terms and Conditions and any other posted guidelines or rules applicable to any individual James Wagner Cultivation Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into these Terms and Conditions.

Descriptive Summary:
We will protect and secure information provided to us by you, in accordance with the terms and provisions and limitations in this document.
We will share information about you in accordance with the terms and provisions and limitations in this document.
By clicking on your consent at the end of this document, you acknowledge and agree that certain information about you may be shared by James Wagner Cultivation with other third parties in accordance with the consent provided by you below, and including accordance with applicable legal requirements. You acknowledge that notice of revocation of consent by you, or a request for removal of your data, or a request to ‘be forgotten’, as made by you to James Wagner Cultivation, may not ensure that any or all of such information so shared will be able to be retrieved from other parties for cancellation or deletion by James Wagner Cultivation.
You agree that you are responsible to review this document from time to time, to be aware of changes as they are made. We recommend that you do so each time you enter the James Wagner Cultivation Network. We do not post notice of changes as they are made from time to time.

2. Conditions and Restrictions on Use

Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that James Wagner Cultivation may terminate your access to the James Wagner Cultivation Network or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by James Wagner Cultivation. Any such termination shall be in James Wagner Cultivation' sole discretion and may occur without prior notice, or any notice. James Wagner Cultivation further reserves the right to terminate any User's access to the James Wagner Cultivation Network or to any of the Products and Services for any conduct that James Wagner Cultivation, in its sole discretion, believes is or may be directly or indirectly harmful to other Users, to James Wagner Cultivation or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. James Wagner Cultivation further reserves the right to terminate any User's access to the James Wagner Cultivation Network or to any of the Products and Services for any reason or for no reason at all, in James Wagner Cultivation' sole discretion, without prior notice, or any notice.

In order to use the Products and Services, Users must have access to the World Wide Web and must navigate the Internet to http://www.jwcmed.com/ or another of the URLs associated with the James Wagner Cultivation Network, presently or in the future.

3. Registration and Privacy

Certain of the Products and Services will require the User to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various James Wagner Cultivation Network registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or James Wagner Cultivation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, James Wagner Cultivation has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

User Privacy Policy:
All businesses engaged in commercial activities in Canada must comply with the Personal Information Protection and Electronic Documents Act. James Wagner Cultivation has adopted a policy and agrees to abide by same in respect of its applicability in relation to the User (and where this term “User” is used in this part of the agreement concerning privacy matters, it shall include personal information in regard to persons in authority with the User, where the User is not a natural person, such as officers and directors), as further described below.

James Wagner Cultivation will collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible, information regarding the User and its officers and directors will be collected directly from the User, at the start of the relationship between the parties. In addition, information may also be obtained from other sources such as government agencies or registries, and the User’s professional consultants (medical or otherwise).

In most cases where appropriate or practical, or as otherwise expressly required by law, James Wagner Cultivation shall seek the User’s consent, if James Wagner Cultivation wishes to collect, use, or disclose personal information concerning the User. Such consent is expressed by clicking the consent button at the end of this document, as well as otherwise in writing, or verbally, or implied by conduct of the parties, or as determined otherwise by the provision of this agreement.

How We Use Your Information:
We use your personal information for the purposes communicated to you at the time of collection or in any subsequent agreement with us, for example to:

  • - Verify your identity and to authenticate you when you contact us;
  • - Provide you with the products and services requested;
  • - Communicate to you any benefit, feature and other information about products and services you subscribed to have with us;
  • - Respond to any special needs or inquiries you may have;
  • - Better understand your situation and determine your eligibility for products and services we offer;
  • - Manage our risks and operations;
  • - Meet regulatory and legal requirements;
  • - We may communicate with you through various channels including telephone, computer or mail using the contact information you have provided;
  • - With your consent, we may use your information to promote our products and services and that of third parties we select, which we believe you will be interested in;

If for any reason your information is required to fulfill a different purpose then that of your original intent, we ask for your consent before we proceed.
Note that sensitive information such as health records will never, under any circumstances, be shared or used for a purpose other than that of the original intent.

James Wagner Cultivation will not disclose personal information to any third party to enable them to market their Products and Services, and disclosure shall only be made as required within the strict confines and direct furtherance of the relationships as contemplated by this agreement between the User and James Wagner Cultivation. Under certain circumstances, James Wagner Cultivation will disclose personal information:

  • - when required or authorized by law to do so;
  • - when the User has consented to the disclosure;
  • - when the direct purposes of this agreement requires James Wagner Cultivation to give information to third parties (for example an authorized legislative body or a professional consultant of the User) the User’s consent is hereby provided, subject only to James Wagner Cultivation being advised otherwise by the User;
  • - where it is necessary to establish or collect monies due from the relationship between the parties hereunder;
  • - if James Wagner Cultivation engages a third party to provide for its own purposes administrative services (like computer back-up services or archival file storage) and the third party is bound by a similar privacy policy;
  • - to help James Wagner Cultivation make credit decisions about a User, it may on occasion, request information about a User from the files of consumer reporting agencies and/or credit bureaus;
  • - if the information is already publicly known.

JWC will collect personal information from you to enable us to manage, maintain, and develop our operations, including for example:

  • - to provide you with, or receive from you, the products and services that have been requested, and to understand your requirements and provide advice to improve our relationship;
  • - to enable you to register and access an account with us;
  • - to be able to satisfy your additional requests (for example, to meet your preferred method of contact);
  • - to protect JWC against error, fraud, theft and damage to our goods and property;
  • - to enable us to comply with applicable law or regulatory process; and
  • - any other reasonable purpose to which you consent.

James Wagner Cultivation shall take reasonable steps within its own premises and operations to retain in a safe and secure manner all personal information concerning the User which it may have in storage.

Except where otherwise prohibited or stipulated by law having jurisdiction in the circumstances and limited to the extent as required for compliance with such laws, all James Wagner Cultivation Network registrations become the exclusive property of James Wagner Cultivation, its affiliates and subsidiaries. James Wagner Cultivation reserves the right to use and reuse all registration and other personally identifiable User information subject to this James Wagner Cultivation Network Privacy Policy, as amended from time to time.

4. Responsivility for Minors

In cases where you have authorized a minor or any other person without legal capacity, to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such person; (ii) controlling the person's access to and use of the Products and Services; and (iii) the consequences of any misuse by the person. You represent and acknowledge that you have full legal authority to engage in such authorization, that you are a recognized substitute decision maker for such person, and that you adopt all statements and provisions herein on behalf of any such person, Making Them Binding on Yourself and on Such Person.

5. Member and User Conduct

Upon registering, you may receive a password and James Wagner Cultivation Network ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify James Wagner Cultivation of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The James Wagner Cultivation Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the James Wagner Cultivation Network, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The James Wagner Cultivation Network does not control the User or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such User or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the James Wagner Cultivation Network be liable in any way for any User or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, James Wagner Cultivation does not take any responsibility to pre-screen User or third party Content posted on the James Wagner Cultivation Network, however may do so for certain areas where James Wagner Cultivation employs certain automated screening software, although James Wagner Cultivation reserves the right to do or not to do so. James Wagner Cultivation does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. James Wagner Cultivation reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by James Wagner Cultivation.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. The intended purpose of site building software on the James Wagner Cultivation Network is to maintain, publish and produce web sites on the James Wagner Cultivation Network that are consistent with these terms and conditions.

Prohibited Conduct:
You agree to not use James Wagner Cultivation Network Products and Services to:

  • a. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or User name or email address, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  • b. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  • c. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
  • d. Harm minors in any otherway.
  • e. Make any sexual request on behalf of a minor or make any sexual request of a minor. f. Stalk or otherwise harass another person.
  • g. Collect or store personally identifying information about other Users for commercial, invasive or unlawful purposes.
  • h. Impersonate any person or entity, including, but not limited to, a James Wagner Cultivation Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • i. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
  • j. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
  • k. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  • l. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
  • i. Making available copyrighted software or other Content that has had the copyright protection removed;
  • ii. Making available serial numbers for software that can be used to illegally validate or register software;
  • iii. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content;
  • iv. Making available any software files for which the User does not own the copyright or have the legal right to make available.
  • m. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
  • n. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or the James Wagner Cultivation Network.
  • o. Use automated means, including additional computers, software and scripts, to enhance play in James Wagner Cultivation Network games and promotions.
  • p. Use automated means, including spiders, robots, crawlers, or the like to download data from any James Wagner Cultivation Network database.
  • q. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any James Wagner Cultivation database, including, without limitation, by incorporating data from any James Wagner Cultivation database into any e-mail or "white pages" products or serviced, whether browserbased, based on proprietary client-site applications, web-based, or otherwise.
  • r. Sell, distribute, or make any commercial use of data obtained from any James Wagner Cultivation database or make any other use of data from any James Wagner Cultivation database in a manner which could be expected to offend the person for whom the data is relevant.
  • s. Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other Users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges.
  • t. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
  • u. Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
  • v. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
  • w. Access the Products and Services after your account or access has been terminated by James Wagner Cultivation.
  • x. Fail to complete any transaction after submitting an order to purchase any goods or services from individual Merchants in James Wagner Cultivation Shop, subject to the individual Merchant's or seller's terms and conditions governing such transactions.
  • y. Submit any order to purchase goods or services from individual Merchants in James Wagner Cultivation Shop.
  • z. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the User's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
  • aa. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of James Wagner Cultivation or the party from whom such software may be licensed.
  • ab. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.

You acknowledge and agree that the James Wagner Cultivation Network and its designates shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation James Wagner Cultivation and its designates shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates these Terms and Conditions or is otherwise objectionable as determined by James Wagner Cultivation. James Wagner Cultivation may also terminate access to, or membership in, the James Wagner Cultivation Network, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You expressly acknowledge and agree that the James Wagner Cultivation Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

  • (a) comply with legal process;
  • (b) enforce the Terms and Conditions;
  • (c) respond to claims that any Content violates the rights of third-parties; or
  • (d) protect the rights, property, or personal safety of James Wagner Cultivation, its Users and the public.

You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve:

  • (a) transmissions over various networks; and
  • (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by James Wagner Cultivation with regard to its Users may be disclosed in accordance with James Wagner Cultivation's privacy policy.

James Wagner Cultivation also may suspend or terminate any User account for any Product or Service because of User inactivity. For example, a James Wagner Cultivation mail account may be terminated or suspended if a User fails to sign-in to the James Wagner Cultivation mail service for an extended period of time. What is considered "User inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

6. Disclaimer of Warranties

The Products and Services are provided "as is", provided however that any Product provided or sold by James Wagner Cultivation may have an express warranty, which is limited and restricted to be valid and binding only to the extent that such may be expressly provided in conjunction with and at the time of such transaction or as may me imposed by statute expressly addressing such warranty and transaction. All other express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and noninfringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. James Wagner Cultivation disclaims any warranties for other services or goods received through or advertised on the Products and Services or received through any links provided in the Products and Services, as well as for any information or advice received through the Products and Services or through any links provided in the Products and Services. James Wagner Cultivation disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. James Wagner Cultivation disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the Products and Services, including, without limitation, for harm caused by viruses or similar contamination or destructive features.

You understand and agree that any material downloaded or otherwise obtained through the use of the Products and Services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

7. Limitation of Liability

You expressly understand and agree that under no circumstances shall James Wagner Cultivation be liable to any User on account of that User's use or misuse of and reliance on the Products and Services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if James Wagner Cultivation have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Products and Services, from inability to use the Products and Services, or from the interruption, suspension, or termination of the Products and Services (including such damages incurred by third parties).

Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Products and Services or received through any links provided in the Products and Services, as well as by reason of any information or advice received through or advertised on the Products and Services or received through any links provided in the Products and Services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the Products and Services or any information or merchandise that appears on, or is linked or related in any way to, the James Wagner Cultivation Network. Such limitation shall apply to the fullest extent permitted by law.

Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of member web pages or other content stored through the James Wagner Cultivation Network. James Wagner Cultivation’s entire liability, if any, shall not exceed the amount of the User’s most recent purchase payment. Under no circumstances shall James Wagner Cultivation be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

8. Removal of Links

The James Wagner Cultivation Network occasionally receives requests from people to remove links from the James Wagner Cultivation Network search services. Although the James Wagner Cultivation Network reserves the right to address such requests individually, the general approach that the James Wagner Cultivation Network takes reflects the following principles: The catalogs and databases used in connection with the James Wagner Cultivation Network search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, the James Wagner Cultivation Network cannot and does not screen anything made available through the James Wagner Cultivation Network search services' catalogs and databases. In other instances, the James Wagner Cultivation Network makes available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in the James Wagner Cultivation Network are compiled by third parties through automated processes.

9. Disclaimer Regarding Third Party Content

The James Wagner Cultivation Network offers access to numerous third party web pages and content available over the Internet. In an overwhelming majority of instances, including but not limited to sites displayed as search results or contained within a directory of links, James Wagner Cultivation has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the James Wagner Cultivation Network or provided to the James Wagner Cultivation Network by third parties, James Wagner Cultivation may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the James Wagner Cultivation Network from such sources is developed by people over whom the James Wagner Cultivation Network exercises no control. The search results that appear from the catalogs indexed by the James Wagner Cultivation Network's spiders or web robots are automated, and the James Wagner Cultivation Network cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by the James Wagner Cultivation Network are posted by third parties, and, with the exception of certain automated screening functions, James Wagner Cultivation cannot and does not screen such web pages before they are made accessible to other Users of the James Wagner Cultivation Network. Accordingly, the James Wagner Cultivation Network assumes no responsibility for the content of any site included in any search results or otherwise linked to the James Wagner Cultivation Network web sites or in any web page hosted for a third party within the James Wagner Cultivation Network. In instances where the James Wagner Cultivation Network does review the sites that are displayed in directories, indices, and/or references, or where the James Wagner Cultivation Network makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by James Wagner Cultivation, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

10. Storage

Many features of the James Wagner Cultivation Network store information on behalf of Users. Examples include, but are not limited to, email messages, chat, web pages, message boards, calendar functions, and postings on James Wagner Cultivation. James Wagner Cultivation reserves the right, in its sole discretion, to limit the amount of storage space available per User or to delete materials stored for an excessive period while the User's account has been inactive.

11. JAMES WAGNER CULTIVATION SHOPPING

James Wagner Cultivation Shopping ("James Wagner Cultivation Shopping") is made available only to those Users who are of the legal age of consent in their jurisdiction. You may not use James Wagner Cultivation Shopping if you have not reached that age or, in any event, if you are less than eighteen (18) years old. Like other areas of the James Wagner Cultivation Network Products and Services, your use of James Wagner Cultivation shopping is subject to the relevant language set forth above regarding disclaimers of warranties and limitation of liability. Please reread those provisions carefully. As with all other aspects of the Products and Services, by using James Wagner Cultivation Shopping, you hereby agree that you shall be responsible for all tax obligations and costs that arise from or relate to your use of James Wagner Cultivation Shopping, including, without limitation, tax obligations and costs for any transactions that arise from or relate to your use of James Wagner Cultivation Shopping.

12. Disclaimer Regarding Multimedia Search and Other Pictures, Movies, Streams and Sounds Located Through the James Wagner Cultivation Network Search Serices

Pictures, movies, streams, and sounds (the "Multimedia Content") located through the James Wagner Cultivation Multimedia Search and other James Wagner Cultivation Network search services are protected by copyright and/or other intellectual property laws. James Wagner Cultivation does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the James Wagner Cultivation Network, all of the Multimedia Content contained on such sites is owned and served by entities other than the James Wagner Cultivation. The James Wagner Cultivation Network provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through our site for commercial or noncommercial purposes, we strongly suggest that you contact the server of the Multimedia Content for permission to use the Multimedia Content.

13. James Wagner Cultivation Network Image Gallery Limited License

Use of the James Wagner Cultivation Image Gallery indicates your acceptance of the following terms and conditions and the James Wagner Cultivation Network Terms and Conditions. The images made available through the James Wagner Cultivation Image Gallery are copyrighted images which may also be subject to certain other legal rights. You may only utilize each image for personal, home use or for any of the following purposes: criticism, comment, news reporting, teaching (includes multiple copies for classroom use), scholarship or research. You may not create derivative works from an image, display or distribute copies of it, publish it, use it in a performance, or modify it in any manner except size. You may not distribute or sublicense the images nor use the images in any commercial, advertising, marketing or professional manner whatsoever. Neither James Wagner Cultivation nor our photo providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the images displayed on the James Wagner Cultivation Image Gallery.

14. The James Wagner Cultivation Computers Download and Shareware

The James Wagner Cultivation Computers Download and Shareware allows you to search for software that has been made available for downloading by various third parties. All such software is provided by entities other than the James Wagner Cultivation. James Wagner Cultivation makes no warranties regarding such software and disclaims all responsibility for such software. If you intend to download such software, you should carefully re- read the provisions set forth above in the disclaimer of warranties and limitation of liability. Those provisions will have special importance to you. The James Wagner Cultivation Network makes its James Wagner Cultivation Computers Download and Shareware available subject to all of these Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above. James Wagner Cultivation cannot guarantee that any software downloaded through James Wagner Cultivation Computers Download and Shareware will meet any User's needs, standards, or desired specifications. Although the software available in James Wagner Cultivation Computer Download and Shareware has been screened for recommendations and viruses, James Wagner Cultivation cannot guarantee that this screening has been performed to the User's satisfaction. James Wagner Cultivation cannot and does not guarantee that such software will be free from viruses or errors. If you download such software, you shall bear all risk of viruses, errors, or damage and all other risks resulting from such downloading.

15. Professional Information Disclaimer

The James Wagner Cultivation Network makes available certain information provided by third parties related to various professional fields such as medicine, law, and engineering. The James Wagner Cultivation Network does not give advice in any such fields and in no way endorses any of the information provided in this manner. If you intend to use any such information, you should carefully re-read the disclaimer of warranties and limitation of liability. Those provisions will have special importance for you. All information made available through the James Wagner Cultivation Network is made available subject to The James Wagner Cultivation Network Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above.

The James Wagner Cultivation network strongly suggests that you seek advice from a competent professional regarding issues in any professional field.

16. Open Directory Disclaimer

The James Wagner Cultivation Network may make available certain content through the Open Directory. The directories, and the underlying content, are created entirely by other parties and are solely the responsibility of such other parties. Consequently, James Wagner Cultivation cannot, and does not represent or warrant the reliability, accuracy, and truthfulness of that content. Although periodically James Wagner Cultivation may attempt to verify the accuracy of information contained in the Open Directory, neither the James Wagner Cultivation Network nor its agents shall be held liable for any technical inaccuracies, typographical errors or inaccuracies in any information in the Open Directory. In addition, the James Wagner Cultivation Network has no control over whether that content is of a nature that Users will find inoffensive, tasteful and otherwise acceptable. The James Wagner Cultivation Network has NO responsibility for such content; rather, it is merely providing access to such content as a service to you. You should exercise appropriate discretion, good judgment and caution in accessing content on the Open Directory and in taking any actions based upon that content. You bear all risk associated with any content that you access. Your accessing of any content through the Open Directory service is subject to your agreement to these Terms and Conditions. If you proceed to use the Open Directory service, you thereby agree to be bound by these Terms and Conditions. The disclaimer of warranties and limitation of liability set forth in Sections 6 and 7 apply to the Open Directory service.

17. Advertisers and Content Linked to the James Wagner Cultivation Network

James Wagner Cultivation may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a User to leave the James Wagner Cultivation Network to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. James Wagner Cultivation has no control over such sites and resources. You acknowledge and agree that James Wagner Cultivation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that James Wagner Cultivation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the James Wagner Cultivation Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that James Wagner Cultivation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

James Wagner Cultivation encourages you to exercise discretion while using the Products and Services to browse the Internet. James Wagner Cultivation may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. James Wagner Cultivation makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the James Wagner Cultivation Network web sites. James Wagner Cultivation shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the James Wagner Cultivation Network' search results or otherwise linked to the James Wagner Cultivation Network web sites or provided to the James Wagner Cultivation Network by third parties.

18. The James Wagner Cultivation Network Logos and Search Boxes

Linking to the jwcmed.com - The jwcmed.com URL offers a non-assignable, non-transferable, and non-exclusive license to link to the James Wagner Cultivation Network's web sites, using the jwcmed.com logos and search boxes, subject to the following provisions. The jwcmed.com logos and search boxes may be placed on a Web site for the sole purpose of creating a link to the jwcmed.com and allowing Users of your site to access the Products and Services on the jwcmed.com. The jwcmed.com logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by the jwcmed.com. The jwcmed.com logos and search boxes may only be used in accordance with the jwcmed.com guidelines and only be used in the exact size, shape, colors, design, and configuration as found on those web pages. The jwcmed.com logos and search boxes may not be altered in any manner. The jwcmed.com logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The jwcmed.com logos and search boxes may not be used to disparage the James Wagner Cultivation Network, its products or services, or in a manner which, in James Wagner Cultivation's reasonable judgment, may diminish or otherwise damage James Wagner Cultivation's good will in the jwcmed.com logos.. James Wagner Cultivation reserves the right to take action against any use that does not conform to these provisions.

Permissions - If you would like permission to use any James Wagner Cultivation trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please contact jwcmed.com. The Permissions Agent will contact you with the Permission Form. Your request will be processed once we receive your completed Permission Form. Please note that James Wagner Cultivation grants permission only on a per-item, per-project basis.

Your request will be processed once we receive your completed Permission Form. You will typically receive a response as soon as reasonably practical. If your request is approved, that approval will be expressly subject to the above-referenced Guidelines as well as all additional terms set forth in James Wagner Cultivation' Permission Approval Letter.

19. NO LICENSE; INTELLECTUAL PROPERTY OF JAMES WAGNER CULTIVATION AND OTHERS

Except as expressly provided, nothing within any of the Products and Services or within this Document, shall be construed as conferring any license under any of the James Wagner Cultivation Network's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the James Wagner Cultivation Network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of James Wagner Cultivation and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by James Wagner Cultivation in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by James Wagner Cultivation, any of James Wagner Cultivation' affiliates, or any of James Wagner Cultivation' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the James Wagner Cultivation Network of any purpose other than the purpose for which such Content is made available to Users by James Wagner Cultivation. You agree not to defame or disparage James Wagner Cultivation, the trademarks or service marks of James Wagner Cultivation, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the James Wagner Cultivation Network.

20. Indemnity and Release

By using the “jwcmed.com” web site you agree to indemnify James Wagner Cultivation and its parents, subsidiaries, affiliates, officers, employees, and licensors, and to hold and save them harmless from any and all claims and expenses, including legal fees, arising from your use of the ‘jwcmed.com’ and related web sites, your use of the Products and Services, or your submission of ideas and/or related materials to James Wagner Cultivation or from any person's use of any account or password which you create or maintain, regardless of whether such use is authorized by you. By using the ‘jwcmed.com’, using the Products and Services, or submitting any ideas and/or related materials to James Wagner Cultivation, you are hereby agreeing to release James Wagner Cultivation and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to James Wagner Cultivation.

21. Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to your use of the James Wagner Cultivation Network or the Products and Services, must be filed within one (1) year after such claim or cause of action arises, or forever be barred, and you attorn any such claim exclusively to the courts of the Province of Ontario.

22. Intellectual Property Infringement Claims

It is the policy of the James Wagner Cultivation Network to respond expeditiously to claims of intellectual property infringement. James Wagner Cultivation will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the James Wagner Cultivation Network will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The James Wagner Cultivation Network will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:
General Counsel
James E. Wagner Cultivation Ltd.

Please put "Notice of Infringement" in the subject line of all such notifications. When James Wagner Cultivation removes or disables access to any material claimed to be infringing, James Wagner Cultivation may attempt to contact the User who has posted such material in order to give that User an opportunity to respond to the notification, although James Wagner Cultivation makes no promise to do so. Any and all counter notifications submitted by the User will be furnished to the complaining party. James Wagner Cultivation will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before James Wagner Cultivation replaces or restores access to any material as a result of any counter notification.

23. Changes in Terms and Conditions and Changes in Products and Services

The James Wagner Cultivation Network reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The James Wagner Cultivation Network reserves the right to modify these Terms and Conditions from time to time, without notice. It is your responsibility to review these Terms and Conditions from time to time so you will be apprised of any changes. Notices of changes, as they are made, will not be posted or otherwise communicated to a user

24. Merger

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between James Wagner Cultivation' representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual James Wagner Cultivation Network web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

25. Non-waiver and Severability

James Wagner Cultivation’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that such terms found invalid are severable and that the other provisions of these Terms and Conditions remain in full force and effect.

26. Relationship of Parties

You acknowledge and agree that you and James Wagner Cultivation are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

27. No Resale, Assignment, or Sublicensing

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of James Wagner Cultivation.

28. Successors and Assigns

Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

29. Termination and Survival

These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by James Wagner Cultivation, and for as long as James Wagner Cultivation retains storage of information concerning you within its own network, but not information maintained by an outside party which James Wagner Cultivation has attempted to but been unable to have such information deleted. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions, and the ceasing or termination of you being a User of the James Wagner Cultivation Network.

30. Communications with Users

You consent to receive communications from James Wagner Cultivation concerning or arising from your use of the Products and Services ("Communications"). The Communications may be those that James Wagner Cultivation is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that James Wagner Cultivation sends to you for other reasons. You consent to receive Communications electronically. James Wagner Cultivation may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on the James Wagner Cultivation Network. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which James Wagner Cultivation sends Communications by visiting your account information page. You may give notice to James Wagner Cultivation if you wish to cease receipt of Communications other than Required Communications.

In order to receive Required Communications, you must provide James Wagner Cultivation, upon registration with the James Wagner Cultivation Network, a valid email address to which James Wagner Cultivation may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. James Wagner Cultivation will provide notice of any changes to these requirements.

31. Submission of Ideas

The James Wagner Cultivation Network is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the James Wagner Cultivation Network, we would like to hear them, but any submission will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea or related materials to James Wagner Cultivation be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or any related material to James Wagner Cultivation, you are waiving any and all rights that you may have in the idea or any related materials and are representing and warranting to James Wagner Cultivation that the idea and/or related materials are wholly original with you, that no one else has any rights in the idea and/or materials and that James Wagner Cultivation is free to implement the idea and to use the materials if it so desires, as provided or as modified by James Wagner Cultivation, without obtaining permission or license from any third party, and that you hereby assign and transfer and that James Wagner Cultivation has full and exclusive proprietary interest in the ideas.

32. Violations of the Terms and Conditions

Should you violate these Terms and Conditions or any other rights of James Wagner Cultivation and the James Wagner Cultivation Network, James Wagner Cultivation reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the James Wagner Cultivation Network web sites.

If you are aware of any violations of these Terms and Conditions, please report them to: jwcmed.com.

Please read the entireTerms and Conditions as all James Wagner Cultivation Network properties, Products and Services, as well as the receipt and use and removal of data concerning you, are subject to these Terms and Conditions

We hope your enjoyment of James Wagner Cultivation's Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the James Wagner Cultivation community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and nonthreatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.