TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE ACCESSING ANY MATERIAL ON THIS WEBSITE OR USING ANY PRODUCTS OR SERVICES OFFERED BY HIGH NORTH INC. OR ITS AFFILIATES, INCLUDING, BUT NOT LIMITED TO, TESTING OR ANALYSIS OF CANNABIS/CANNABIS PRODUCTS, ASSOCIATED TEST REPORTS OR RATING SCORES (COLLECTIVELY, THE “SERVICES”). BY ACCESSING ANY MATERIAL ON THIS WEBSITE OR USING ANY OF THE SERVICES PROVIDED, YOU ACKNOWLEDGE THAT: (A) YOU ARE A RESIDENT OF, AND LOCATED IN, A JURISDICTION IN WHICH THE PURCHASE AND CONSUMPTION OF CANNABIS/CANNABIS PRODUCTS IS LEGAL AND THAT YOU ARE OVER THE MINIMUM LEGAL AGE TO PURCHASE OR CONSUME CANNABIS/CANNABIS PRODUCTS IN YOUR JURISDICTION; AND (B) YOU HAVE READ THESE TERMS AND CONDITIONS OF USE, YOU UNDERSTAND THEM AND AGREE TO BE BOUND BY THEM, AS AMENDED FROM TIME TO TIME, AS WELL AS OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED INTO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE OR ANY OF THE SERVICES PROVIDED.

Overview

This website is operated by High North, Inc. (“High North” or “us/we/our”). “Website” means the website located at http://HIGH NORTH.com or any subsequent URL which may replace it, and all associated websites, URLs and micro sites. “You/your or “Client” means you as a user of the Website and/or Services. “User” means all users of this Website. We offer this Website, including all information and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein.

Intellectual Property Ownership and Use

“High North Inc.”, “High North”, “High North Score”, High North’s logo and all related trademarks, logos, service marks, product and service names, designs and slogans (collectively, the “Trademarks”) displayed on the Website, are registered and unregistered trademarks of High North and/or its affiliates. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademarks displayed on the Website without the written permission of High North. Your use of the Trademarks, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. All other name, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. High North and any party that provided trademarks, service marks, logos, and copyrighted works to High North retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Website.

We grant you the limited right to access and make use of the Website as our user. You will not a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content; c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our Trademarks; d) engage in any activity that interferes with the Website or another user’s ability to use the Website; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

You will not use, copy, distribute, or exploit any of the Trademarks or Website Content in any manner without our prior written permission.

All Website Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Website, are owned by us, or used by us under authorization, and are protected by Canadian and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

Use of the Website

The product information and specifications that are provided on the Website are for your information only. Some Services listed may no longer be available. Some information provided may not be current, or may have changed since the last time you viewed or downloaded it. WE DO NOT REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED, AND ALL INFORMATION IS PROVIDED SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW.

Changes to Website or These Terms of Use

High North may revise and update these Terms of Use at any time without notice by posting the amended terms to this Website. Your continued use of the Website and/or Services means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website and/or Services, your sole and exclusive remedy is to discontinue using this Website and/or Services.

Privacy

Please refer to the Privacy Policy [insert link to Privacy Policy] for information and notices about how High North collects, uses and shares your personal information in connection with the Website and/or Services.

Third Party Sites/Links/Ads

As a convenience to you, High North may provide on this Website links to websites operated by other entities. These links do not constitute an endorsement, sponsorship or recommendation by us of the third parties, the linked third party sources or any content, services or products available on or through such third party sources. If you use these sites or materials, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that us or this Website is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of us.

This Website may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that we shall not have any liability whatsoever to you for any such third party material, data or information.

Terms of Testing Service and Commitment to Integrity:

Sample testing procedures are executed in accordance with Heath Canada approved methods. These methods are articulated in proprietary High North Standard Operating Procedure documents. High North will use concerted efforts with Health Canada, appropriate consultants, and other relevant industry professionals to remain in good standing with Health Canada. All samples submitted to High North will undergo the testing prescribed by the Client and the information will be used in accordance with the High North Privacy Policy. Test results will not be made available to the public without the express permission of the Client. Test results are specific to the samples provided/tested. The accuracy and reliability of the results are strictly dependent on how well procedures for providing samples are followed. High North reserves the right to discontinue/sever all business relations with Client if sample fraud is suspected.

Please follow the instructions on the Sample Submission Form (Chain of Custody document) supplied by High North (for assistance with the Sample Submission Form (Chain of Custody document), please contact High North via phone or email). The contact information provided on the Sample Submission Form (Chain of Custody document) should be for the person to whom the results will be given and who may be contacted if clarification is required. A High North order number and sample number is assigned by High North when the sample is received. This will be the number used to track the progress of the order. High North will process all samples on a first come first serve basis. Samples are set-up for testing within one business day after receipt and (excluding holidays and weekends). After testing, any remaining sample will be destroyed. A Material Safety Data Sheet (“MSDS”) must accompany all hazardous samples submitted to High North. Samples will be stored at room temperature unless special arrangements are made by the Client and High North. Pricing for Services are those currently published on this Website or as otherwise agreed in writing between High North and the Client. Any cancellation of testing will result in charges being assessed on all testing completed prior to the notice of cancellation and samples not already tested will be billed at 50% of the original order total. The remaining balance will be issued as to the client in the form of in-laboratory credit, available for future services. Samples Delivery and Retention: Samples are retained for 15-days. If additional time is desired, then a written request is required and an additional monthly fee will apply.

Disclaimer of Warranties Regarding Publication

Certificates of Analysis are the property of the Client and High North will not publicize them without your consent. Neither High North nor any High North affiliated party makes any warranties or representations, whether express or implied, in connection with the publication of the test results, including, without limitation (a) that the Website will run uninterrupted or error free; (b) that Client may obtain certain financial results from the publication of the test results on the Website; or (c) merchantability or fitness for a particular purpose.

Client Representations and Warranties

You represent, warrant, and covenant that: (a) you will not, nor do you intend to, use the Website or Services (including the publication of the test results on the Website) to (i) violate or infringe in any way the rights of others; (ii) commit a harm or other tort, whether intentional or otherwise; or (iii) commit a crime involving moral turpitude (in applicable jurisdictions); (b) you will not use the Website or Services for any illegal purposes; and (c) you will use the Website or Services in compliance with all applicable laws and regulations (including, but not limited to, the laws and regulations applicable to collecting and submitting cannabis and cannabis products samples).

Disclaimers

YOU AGREE THAT THE USE OF THE WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, THE WEBSITE CONTENT AND THE SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER HIGH NORTH, NOR ANY PARTY OR PERSON ASSOCIATED WITH HIGH NORTH. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, NEITHER HIGH NORTH, NOR ANYONE ASSOCIATED WITH HIGH NORTH, WARRANTS OR REPRESENTS THAT THE WEBSITE, THE WEBSITE CONTENT OR ANY SERVICES PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. HIGH NORTH DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN THE EVENT OF ANY ERROR, OMISSION, OR OTHER NEGLIGENCE IN CONNECTION WITH THE SERVICES, THE SOLE AND EXCLUSIVE RESPONSIBILITY OF HIGH NORTH SHALL BE TO RE-PERFORM THE DEFICIENT WORK AT ITS OWN EXPENSE AND HIGH NORTH SHALL HAVE NO OTHER LIABILITY WHATSOEVER. ALL CLAIMS SHALL BE DEEMED WAIVED UNLESS MADE IN WRITING AND RECEIVED BY HIGH NORTH WITHIN NINETY (90) DAYS FOLLOWING COMPLETION OF SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HIGH NORTH NOR ANY HIGH NORTH AFFILIATED PARTY SHALL HAVE ANY LIABILITY, OBLIGATION, OR RESPONSIBILITY OF ANY KIND FOR LOSSES, COSTS, EXPENSES OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO ANY SPECIAL, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) WITH RESPECT TO THE SERVICES PROVIDED UNDER THESE TERMS OF USE, ANY TEST RESULTS OR THE PUBLICATION OF ANY TEST RESULTS ON THIS WEBSITE OR ANY THIRD PARTY WEBSITE.

ALL RESULTS PROVIDED BY HIGH NORTH ARE STRICTLY FOR THE USE OF CLIENT. NEITHER HIGH NORTH NOR ANY HIGH NORTH AFFILIATED PARTY IS IN ANY WAY RESPONSIBLE FOR THE USE OF SUCH RESULTS BY ANY THIRD PARTIES. ALL RESULTS SHOULD BE CONSIDERED IN THEIR ENTIRETY, AND NEITHER HIGH NORTH NOR ANY HIGH NORTH AFFILIATED PARTY IS RESPONSIBLE FOR THE SEPARATION, DETACHMENT, OR OTHER USE OF ANY PORTION OF THESE RESULTS.

Indemnification

YOU AGREE TO FULLY INDEMNIFY HIGH NORTH, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES AGAINST ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF: (A) ANY USER CONTENT YOU POST TO THE WEBSITE; (B) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES; OR (C) THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

Security/Investigations

Any passwords used for the Website are for individual use only. If applicable, you will be responsible for the security of your password. We will be entitled, but not obligated, to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we may require you to change the password and/or we may terminate your account.

You are prohibited from compromising the security or tampering with Website system resources and/or accounts. We reserve the right to investigate suspected violations of these Terms of Use.

Force Majeure

Neither High North nor any High North affiliated party will have any responsibility or liability to the Client for any failure or delay in performance by High North or any High North affiliated party which results in whole or in part from any cause or circumstance beyond the reasonable control of High North or any High North affiliated party. Such causes and circumstances shall include, but not limited to, acts of God, acts of orders of any government authority, strikes or other labor disputes, natural disasters, accidents, wars, civil disturbances, difficulties or delays in transportation, mail or delivery services, inability to obtain sufficient services or supplies from High North’s usual suppliers, or any other cause beyond High North or any High North affiliated parties’ reasonable control.

Miscellaneous Terms and Conditions

These Terms of Use embody the whole and entire agreement of the parties. They shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. High North specifically rejects all additional, inconsistent, or conflicting terms, whether printed or otherwise set forth in any purchase order or other communication from the Client to High North. The invalidity or unenforceability in whole or in part of any provision, term, or condition hereof shall not affect in any way the validity or enforceability of the remainder of the terms and conditions of these Terms of Use. No waiver by High North of any provision, term, or condition hereof or of any breach by or obligation of the Client hereunder shall constitute a waiver of such provision, term, or condition on any other occasion or a waiver of any other breach by or obligation of the Client. These Terms of Use shall be administered and interpreted under the laws of the province of Ontario and the laws of Canada applicable therein and the parties hereto submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario. The section headings in these Terms of Use are convenient reference only and shall not in any way affect the meaning or interpretation of these Terms of Use. No provision of these Terms of Use shall be construed against any party merely because that party or counsel drafted or revised the provision in question. These Terms of Use will be deemed to be jointly prepared by the parties and therefore any ambiguity or uncertainty shall be interpreted accordingly.