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Terms of Service
Last updated: Jan 19, 2024 1:17 PM
Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://canigraph.com/ website (the “Website”) operated by Gershon Scott (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
We offer services and digital products on this Website. The price of these services and digital products can be found listed on the Website. This price does not include taxes or other fees that you may be charged.
When you make a purchase on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, MasterCard, and Visa.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
We offer cancellations on purchases made of the services and digital products offered on our Website. We offer cancellations only prior to performance of the service. You may cancel your order by contacting us and via the Website. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will not be able to issue you a refund of the purchase price that you paid if you cancel your purchase.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase.
We will issue a partial refund of the purchase price that you paid if we cancel your purchase.
We do not offer refunds on any purchases made on this Website.
We may ask you to provide an advance payment on any purchase made of the services and digital products offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services and digital products.
We will issue you a refund of the advance payment that you made if we cancel.
We will not be able to issue you a refund of the advance payment that you made if you cancel.
The items or services displayed or sold on this Website are provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:
You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 month or 1 year depending upon choice.
We do not offer the option to revoke your subscription shortly after making your purchase.
There is no minimum purchase required to qualify for the subscription.
When you purchase a subscription on the Website, your subscription will automatically renew every month or every year. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.
You may cancel the automatic renewals of your subscription via the following means:
Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.
You must provide us with 3 days notice prior to your automatic renewal date of your intent to cancel the automatic renewals for the cancellation to be effective.
When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through their account on the Website.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
In no event shall Gershon Scott be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Gershon Scott has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, Gershon Scott IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Gershon Scott WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Gershon Scott IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF Gershon Scott. The aggregate liability of Gershon Scott arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Gershon Scott from you.
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
All contents of this Website are ©2020 – 2025 Gershon Scott or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Gershon Scott and are either registered trademarks, trademarks or otherwise protected intellectual property of Gershon Scott or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Gershon Scott at contactus@canigraph.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Gershon Scott
contactus@canigraph.com
8777383269
4009 Corning Place, Suite E2-331, Charlotte NC, 28216
United States
These Terms shall be governed and construed in accordance with the laws of the state of North Carolina, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Mecklenburg County, North Carolina.
You and Gershon Scott agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.
If you have any questions about our Terms of Service, please contact us at contactus@canigraph.com.
We are not required to collect this information by a law, court order, nor by a tribunal order. We do not combine nor link the personal information that we hold about you.
We share the personal information below with the following third parties for the following reason(s):
We have implemented the following measures to protect and safeguard your personal information:
A cookie is a small piece of data sent from a website and stored on your device by your browser. This Website collects cookies and may use cookies for reasons including, but not limited to:
Most web browsers automatically accept cookies. However, you can modify your browser settings to decline cookies, if you prefer. This setting may prevent you from taking full advantage of the Website.
This Website is intended for use by a general audience and does not offer services to children. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond to that child to inform him or her that they cannot use this Website.
This Website uses the following analytics program(s) to collect information about you and your behaviors: Google Analytics, Google Tag Manager. To learn how to opt out, please visit the website(s) of the analytics program(s) used.
We retain all of the information that we collect until we no longer need the information and you request it removed
We use the information that we collect about you for direct marketing purposes. Direct marketing is the act of selling products or services directly to consumers rather than through retailers. Residents of Australia and/or the European Union and/or the European Economic Area and the United Kingdom – You may, at any time, request that we cease to use your information for direct marketing purposes by emailing us at contactus@canigraph.com.
Depending upon where you reside, you may have the following rights with regard to your personal information:
| Right | Applies To |
|---|---|
| The right to access the personal information that we have collected about you. | Residents of Australia, the European Union and/or the European Economic Area, the United Kingdom, and Quebec only |
| The right to request that we delete all or some of the personal information that we have collected on you. | Residents of the European Union and/or the European Economic Area and the United Kingdom only |
| The right to ask us to transmit your personal information that we have collected on you to another provider (where technically feasible). | Residents of the European Union and/or the European Economic Area and the United Kingdom only |
| The right to request that we amend any of the information that we have collected about you. | Residents of Australia, the European Union and/or the European Economic Area, the United Kingdom, and Quebec only |
| The right to withdraw your consent to the processing of your data. | Residents of the European Union and/or the European Economic Area, the United Kingdom, and Quebec only |
| The right to request that we restrict the processing of your data. | Residents of the European Union and/or the European Economic Area and the United Kingdom only |
| The right to lodge a complaint regarding our collection, sharing and processing of data with competent authorities in the proper jurisdiction. | Residents of Australia, the European Union and/or the European Economic Area, the United Kingdom, and Quebec only |
| The right to not have to identify yourself, or of using a pseudonym in certain circumstances. | Residents of Australia only |
| The right to stop receiving unwanted direct marketing. | Residents of Australia and the European Union and/or the European Economic Area only |
| The right to receive the personal information that we hold about you in a portable and, to the extent feasible, a readily usable format that allows you to transmit this information to another entity. | Residents of the European Union and/or the European Economic Area and the United Kingdom only |
| The right to opt out of tracking of your location. | Residents of Quebec only |
You may exercise the rights specified above by submitting a consumer request to:
Gershon Scott
CEO
contactus@canigraph.com
8777383269
4009 Corning Place, Suite E2-331, Charlotte NC, 28216
UNITED STATES
You can opt out of us tracking your location through the cookie consent mechanism on the Website or by adjusting the settings on your browser or device.
We will respond to most consumer requests within 30 to 45 days of receipt, depending upon where you reside. However, some requests may take longer. We will notify you in writing if we need more time to respond. We have the ability to deny your request(s) if certain exceptions in the law apply. If we do deny your request, we will provide you with the reasons for such denial.
You have the right to lodge a complaint regarding our collection, use and sharing of your personal information by contacting us at the following contact information:
Any such complaints must first be addressed to us in writing as required by Australia Privacy Act 1988 S 40(1A). We will respond to all complaints within a reasonable time (usually 30 days). If you are not satisfied with our response to your complaint, you may then lodge a complaint with the Office of the Australian Information Commissioner by following the steps on this Lodge a Privacy Complaint (Australia) page.
The following person is accountable and responsible for our privacy practices and procedures:
Gershon Scott
CEO
8777383269
contactus@canigraph.com
You may lodge a complaint with us by contacting the person accountable and responsible for our privacy practices and procedures at the contact information above. You may also lodge a complaint with the Office of the Privacy Commissioner of Quebec by filling out this Quebec Privacy Commission page or calling 1-888-528-7741.
All data processing activities undertaken by us take place in United States.
This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. It is up to you to read and fully understand their Privacy Policies. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
We plan to transfer data to the United States. This means that your information may be processed in a country outside of Quebec and it may be accessible to law enforcement authorities and national security authorities of that country and jurisdiction.
We reserve the right to amend this Privacy Policy at any time. We will notify you of any changes to this Privacy Policy by posting the updated Privacy Policy to this website or application.
If you have any questions about this Privacy Policy, please contact us at contactus@canigraph.com.