Terms & Conditions

Please read these Terms and Conditions before using or submitting content in any form or medium for publication on www.utahcannabis.com, or before submitting an online payment for annual or recurring monthly membership dues with the Utah Cannabis Association. By continuing to use www.utahcannabis.com, or by submitting content for publication on www.utahcannabis.com, or by submitting an online payment for annual or recurring monthly membership dues, you agree to abide and be bound by these Terms and Conditions.

The Utah Cannabis Association reserves the right to change these Terms and Conditions at any time, and you agree by virtue of your continued use of our site to be bound by any such changes.

Unless explicitly stated otherwise, any new features or functionality that augment or enhance our site shall be subject to these Terms and Conditions. The most current version of these Terms and Conditions can be viewed at any time at www.utahcannabis.com.

1. Modifications and Discontinuance of Site

The Utah Cannabis Association reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the site at any time with or without notice to you. You agree that the Utah Cannabis Association, its subsidiaries, affiliates, content providers, or other related entities shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site.

2. Terminating Your Use of Our Site

The Utah Cannabis Association reserves the right to terminate your access to our site for any reason, and to take any other actions that Utah Cannabis Association, in its sole discretion, believes to be in the interest of our organization, etiquette, and of our users as a whole. It is our policy, pursuant to the Digital Millennium Copyright Act (“DMCA”), to terminate use of our site by repeat copyright infringers. You agree that the Utah Cannabis Association, its subsidiaries, affiliates, content providers, or other related entities will not be liable to you or any third party in the event of such termination.

3. Contributor Content on the Site

1. Any content submitted or otherwise made available by individual independent contributors on the site, including articles, comments to articles or other content that does not originate with www.utahcannabis.com, is not the responsibility of the Utah Cannabis Association, but rather the sole responsibility of the person who created the content for use on the site. In no way and under no circumstances will the Utah Cannabis Association be held responsible for any content made available on the site by you or any third party.

2. The Utah Cannabis Association does not claim ownership of the content created and posted by individual independent contributors to the site. Content posted by independent contributors is owned by the author of such content. However, by submitting content to www.utahcannabis.com, you automatically grant the Utah Cannabis Association and its affiliates and sponsors, an irrevocable, royalty-free, perpetual, nonexclusive, right and worldwide license to use, publish, copy, modify, edit, create derivative works, reproduce, distribute, sub-license, exploit such content in any manner, media or format now known or hereafter developed, for the full term of any copyright that may exist in such content, without any obligation of notice or compensation to you.

3. You, as content provider, shall be solely responsible for your own submissions and any consequences that arise from posting and publishing them. In connection with each of your submissions, you affirm and/or represent that:

  1. You own or have the necessary licenses, rights, consents, and permissions to use any copyright, trademark, trade secret, patent or other proprietary rights in, and to any and all such submissions made to the Utah Cannabis Association, and you authorize the Utah Cannabis Association to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and
  2. You agree that you will not use the site to transmit or make available any content that:
  • Infringes any intellectual property rights of any party, including but not limited to, material that is copyrighted, trade secret, patent, trademark or other proprietary rights, including privacy and publicity rights;
  • Contains falsehoods or misrepresentations that could damage the Utah Cannabis Association or any third party;
  • Contains threats, is harassing, pornographic, hateful, racially and/or sexually offensive, encourages criminal conduct, unlawful, obscene, libelous, defamatory, violates any laws or regulations, is otherwise inappropriate, or violates the Utah Cannabis Assocations’s Etiquette Guidelines;
  • You know or have reason to know is false, misleading, fraudulent; or
  • Is in any way an advertisement or solicitation of business.

4. The Utah Cannabis Association reserves the right, without the obligation, to edit, pre-screen, remove, or refuse to publish submissions to the site without prior notice.

5. You understand that when you submit content in any form to www.utahcannabis.com, we may authorize such content to be distributed or syndicated to or published on other Utah Cannabis Association branded environments, its subsidiaries, affiliates, content providers, other related entities, or any sub-licensees of the Utah Cannabis Association.

6. You take sole responsibility for your postings on the site and any disputes that result from such postings. You acknowledge that the Utah Cannabis Association has no obligation to resolve or become involved in any disputes between users of this site or any other third parties.

4. Indemnification

You agree to indemnify and hold the Utah Cannabis Association, its subsidiaries, affiliates, content providers, or any other related entities, harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions, any breach by you of your representations and warranties hereunder, or any infringement by you of a third party’s intellectual property or other rights. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 4. In such event, you shall provide us with such cooperation as is reasonably requested by us.

5. Copyright Ownership

  1. The www.utahcannabis.com website contains copyrighted material, including, but not limited to, text, photographs, graphics, video and audio content, which are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All articles, blogs, content and other elements on our site are also copyrighted works and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein.
  2. Unless expressly permitted, or as authorized by the principles of “fair use,” you may not copy, reproduce, publish, distribute, display, modify, create derivative works from, transmit or in any way exploit any part of our site or any content therein. In addition, these files cannot be used to construct any kind of database. The Utah Cannabis Association respects the right of others to use materials set forth on this site consistent with the principles of “fair use.” Content is protectable under the Federal Copyright laws of the United States, whether registered or unregistered. Based on this notice of copyright ownership, the Utah Cannabis Association reserves the right to deem any and all infringement of protected content on the site to be an intentional infringement.
  3. The Utah Cannabis Association, its subsidiaries, affiliates, content providers, and other related entities, own all rights to the logos and trademarks used in connection with the site. All other logos and trademarks that appear on www.utahcannabis.com are the property of their respective owners.

6. Copyright Infringement

If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright ownership, please contact the Utah Cannabis Association in writing by providing a signed statement containing the following information pursuant to the Online Copyright Infringement Liability Limitation Act of the DMCA:

  1. Your name, address, telephone number, and email address. If you are acting on behalf of a third party, please state their name;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your notice of the alleged infringement to:


By Mail:


Utah Cannabis Association

150 N. Highway 89, Box C129

North Salt Lake, UT 84054

[email protected]

 

The Utah Cannabis Association is in accordance with the requirements of the DMCA and implements a policy to terminate use of our site by repeat infringers when appropriate.

7. Intellectual Property Infringement

If you are the owner or agent of any Intellectual Property rights other than copyright, including, but not limited to, patent, trade secret, trademark, privacy and publicity rights, and believe that any of our content infringes upon your ownership of such Intellectual Property rights, please contact us at [email protected]

8. Disclaimer Regarding Content Accuracy and Opinion

As an Internet Service Provider, we are not responsible for inaccuracies in the content and opinions expressed by content providers. Opinions and other statements expressed by independent contributors, bloggers, legislators, and other third parties, are not the opinions of the Utah Cannabis Association. Content created by third parties is the sole responsibility of third parties. The Utah Cannabis Association  makes no representations or warranties as to the accuracy of any content on the site provided by third parties. By providing you with the ability to view and distribute content throughout the site, you acknowledge that the Utah Cannabis Association does not undertake any obligation or liability in relation to the content. The Utah Cannabis Association, its subsidiaries, affiliates, content providers, or other related entities do not undertake any duty to monitor the site for unlawful or inappropriate conduct. The Utah Cannabis Association, its subsidiaries, affiliates, content providers, or other related entities do not assume liability or responsibility which may arise from content thereof, including, but not limited to, claims for defamation, slander, libel, infringement, invasion of privacy and publicity rise, profanity, obscenity, misrepresentation, or fraud.

Notwithstanding the foregoing, the Utah Cannabis Association, reserves the right to block or remove communications, postings, or materials at any time in our sole discretion.

9. Utah Cannabis Association is Not Responsible for Linked Sites

The Utah Cannabis Association  is not responsible for the content or availability of other services that may be linked to our site. Because the Utah Cannabis Association has no control over such services, you agree that the Utah Cannabis Association is not responsible for the availability of such external services, that the Utah Cannabis Association does not endorse such external services, and is not responsible or liable for any content, accuracy, quality, products, advertising or other materials on or available from such services or links. You further acknowledge and agree that the Utah Cannabis Association shall not be responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to be caused by or in connection with the use of or reliance on any goods, services or content available on or through such services or links.

10. Utah Cannabis Association May be Legally Compelled to Disclose Certain Information

You understand that the Utah Cannabis Association will comply with any subpoenas issued by a court or from a law enforcement or government agency, without your consent or prior notice to you. In such event, The Utah Cannabis Association may disclose your name, username, IP address, IP location or other information in response.

11. Limited Liability

The Utah Cannabis Association, its subsidiaries, affiliates, content providers, or other related entities, are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost profits or revenues, loss of data, or loss of business, in any way related to this site or for any claim, loss or injury based on omissions, errors, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).

12. Membership and Associate Membership Dues and Payments Policy 

Membership and Associate Membership in the Utah Cannabis Association is a privilege, subject to approval by the Association’s Board of Directors, which is reserved for businesses and individuals associated with the cannabis industry who have demonstrated their commitment to legal and regulatory compliance, consumer and patient safety, product quality, integrity and ethics, industry best practices, and who are committed to supporting the overall growth and success of the cannabis industry in the State of Utah. The Board of Directors reserves the right to refuse or revoke Membership and Associate Membership in the Utah Cannabis Association for good cause shown.  In the event Membership or Associate Membership is refused or revoked by the Board of Directors, the Utah Cannabis Association will refund any dues paid on a pro-rata basis for the remainder of the period for which annual or monthly recurring membership dues have been paid.   

WITHDRAWAL OF MEMBERSHIP AND REFUND POLICY:

Members and Association Members of the Utah Cannabis Association may withdraw or cancel their membership in the state trade association by submitting a signed request in writing to the attention of the President or Secretary of the Utah Cannabis Association in person or mailed to 150 N. Highway 89, Box C129, North Salt Lake, UT 84054.  If such a request for withdrawal or cancellation of membership or associate membership is received within 30 days of any payment made for annual, monthly, or recurring membership or associate membership dues, such dues payment will be refunded in full by the Association by check within approximately 30 days from the receipt of such a request.  After 30 days, any payments for annual, monthly, or recurring membership or associate membership dues, special assessments, sponsorships, or contributions to the Utah Cannabis Association are non-refundable. 

If any credit or debit card charge or online payment is submitted or processed in error through the merchant account associated with www.utahcannabis.com, please promptly notify the Utah Cannabis Association within 30 days at [email protected] or 150 N. Highway 89, Box C129, North Salt Lake, UT 84054, and such charge or online payment will be refunded in full by the Association by check within approximately 15 days from the receipt of such a request.  After 30 days, any credit or debit card charges or online payments submitted or processed through the merchant account associated with www.utahcannabis.com are non-refundable, except as the Board of Directors of the Association may provide. 

NOTICE OF DEDUCTIBILITY OF MEMBERSHIP DUES: 

The Internal Revenue Code (IRC) and Internal Revenue Service (IRS) regulations provide that the portion of membership dues or other assessments paid to § 501(c)(6) trade association which are attributed to lobbying, grassroots lobbying, political activity, and independent expenditures to influence elections are not deductible as a business expense. The IRC and IRS regulations also provide that a trade association may pay a “proxy tax” on behalf of its dues-paying members, allowing members of a trade association to treat the payment of membership dues and other assessments as a fully deductible business expense. The Utah Cannabis Association provides notice that it will pay the “proxy tax” pursuant to IRC section 6033(e)(2) on the amount of any such lobbying or political expenditures engaged in by the Association during the 2020 and 2021 calendar years. However, because each company’s and individual's legal, tax, and financial situation is different, this notice of deducibility is not intended to serve as legal, tax, or other financial advice related to individual circumstances. While membership dues and other assessments paid or contributed to a membership dues or other assessments paid to § 501(c)(6) trade association and civic league are generally deductible as an ordinary business expense, the Utah Cannabis Association makes no representations or warranties with respect to the application of IRS Code Section 280E or UNICAP rules to businesses involved in the cannabis industry. You are advised to consult with your own attorney, CPA, or other qualified professionals regarding the deductibility of annual membership dues, sponsorships, or other donations or contributions to the Utah Cannabis Association.

13. Disputes Governed by Utah Law

Without regard to conflict of laws principles, these Terms and Conditions shall be governed by the laws of the United States and the laws of the State of Utah, and are applicable to agreements made and to be performed therein. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.

14. Disclaimer

OUR SITE IS AVAILABLE “AS-IS.” THE UTAH CANNABIS ASSOCIATION DOES NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. THE UTAH CANNABIS ASSOCIATION DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. THE UTAH CANNABIS ASSOCIATION DOES NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. THE UTAH CANNABIS ASSOCIATION RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE.

ALTHOUGH THE UTAH CANNABIS ASSOCIATION  INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, THE UTAH CANNABIS ASSOCIATION  DOES NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. THE UTAH CANNABIS ASSOCIATION  IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.

INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY THE UTAH CANNABIS ASSOCIATION AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.