Canuvo Terms and Conditions

This website www.canuvo.org (the “Website”) belongs to Canuvo, Inc., a medical cannabis dispensary located in Maine and licensed by Maine’s Department of Health and Human Services. Canuvo is subject to the Maine Medical Use of Marijuana Act, codified in Chapter 558-C of Title 22 of Maine’s Revised Statutes Annotated (the “Act”), and the Rules Governing the Maine Medical Marijuana Program (the “MMMP”).

Canuvo, Inc., its members, directors, officers, employees and authorized agents are collectively referred to in the Terms and Conditions and on the Website as “Canuvo.”

The terms “we”, “us”, or “our” in these Terms and Conditions or on the Website refer to Canuvo.

The terms “You”, “User”, and “Patient” refer to (i) you, the visitor of this Website and/or recipient of products, tools, and services provided by Canuvo, or (ii) your duly authorized representative.

By accessing the Website and/or by obtaining products, tools, and services from Canuvo (collectively, the “Canuvo Services”), you represent and warrant that all of the information and documentation you provide to us is accurate, authentic, and legitimate, and also agree to be subject to and bound by all of the terms, conditions, rules, and policies (collectively, the “Terms and Conditions”) described herein. If any provision of these Terms and Conditions is not acceptable you, you may not receive any of the Canuvo Services and you must immediately exit this Website. Canuvo may periodically update, revise, and otherwise change the Terms and Conditions without notice, and you are responsible for periodically review the Terms and Conditions posted on the Website for the most current version.The terms “You”, “User”, and “Patient” refer to (i) you, the visitor of this Website and/or recipient of products, tools, and services provided by Canuvo, or (ii) your duly authorized representative.

General

You must be at least 18 years of age to enter the Website and/or to receive any of the Canuvo Services, except as expressly provided herein. You will be required to confirm your legal age before entering the Website. Before you can enter Canuvo’s physical dispensary (the “Dispensary” or the “Premises”), you will be asked to and must present either (a) a valid Maine driver’s license with the state of Maine medical marijuana certification (a total of two items collectively referred to herein as the “Maine Authorization”), or (b) a valid out of state driver’s license with that state’s medical marijuana certification as well with Maine medical marijuana certification (a total of three items collectively referred to herein as the “Out of state Authorization”). No person under the age of 18 (the “Minor”) is permitted to access the Website and/or to enter the Dispensary unless accompanied by a legal guardian with a valid Maine Authorization or Out of state Authorization as well as documents demonstrating legal authority to act on the Minor’s behalf. We reserve the right not to provide any of the Canuvo Services to the Minor in our sole discretion.

You must be a registered MMMP patient or a Non-Cultivating Caregiver to enter Canuvo’s physical dispensary.

Entry on the Premises by anyone other than individuals who meet all of the above requirements is strictly prohibited. No loitering or soliciting of any kind is allowed on the Premises.

Notwithstanding anything to contrary in these Terms and Conditions, we reserve the right to refuse service for any reason that we deem important or necessary with little or no notice. However, we never discriminate on account of race, age, gender, political or religious affiliation.

Any products that we offer, whether at the Dispensary or through the Website, are sold on a first-come, first-serve basis as available. We do not guarantee the availability of any of the Canuvo Services.

Safety Rules

In order to receive the Canuvo Services, you must be respectful of all of our staff members and other patients as we function as a Community. Please only use the marked entrance on the far right of the Dispensary building. Please do not line up outside the building prior to our opening. Once our flag is out, the dispensary sign is flipped to “Open,” and our employee returns to the Dispensary building, you are welcome to approach the door.

While on the Premises you may not:

Hold or grab the door while another person enters the Dispensary building – please enter individually and be courteous as you do so;
Use your cell phone;
Take photographs, videos, or audio recordings with any device anywhere on the Premises, whether inside or outside the building;
Bring bags, backpacks, brief cases, or large containers inside the Dispensary building;
Congregate in the parking lot;
Smoke anywhere on the Premises (this includes tobacco, e-cigarettes, vaporizers, marijuana, etc.);
Walk around the Dispensary building;
Walk pets on the Premises or on neighboring properties or leave pets tied outside;
Bring pets/animals inside the Dispensary building unless it is a service animal;/li>
Bring firearms, guns, weapons, knives, pepper spray, or any kind of sharp or dangerous objects or devices to the Premises.

Violation of any of the above rules may result in Canuvo suspending temporarily or permanently your ability to receive any of the Canuvo Services and/or enter on the Premises. Canuvo’s decision to prohibit you from entering the Premises and/or receiving any of the Canuvo Services shall be exercised in Canuvo’s sole discretion, and shall be final and binding.

Your Assumption Of Risk

You acknowledge and understand that the possession and use of marijuana may involve known and unknown risks, including but not limited to the following: (1) marijuana has not been approved by the U.S. Food and Drug Administration; (2) the U.S. Department of Justice takes the position that possession and use of marijuana is prohibited by, and punishable under, the federal law, even if permitted by the state law; (3) marijuana use may impair your ability to safely operate vehicles, equipment, and machinery; and (4) marijuana use may involve health risks. You assume full and complete responsibility for these and any other risks arising out of your use of the Canuvo Services and your use of marijuana in general.

Your Duties

You must: (1) strictly comply with all of the applicable provisions of the Act; (2) consult with a physician regarding the use of marijuana; and (3) keep marijuana out of the reach of children and persons not authorized to possess marijuana under the Act (the “Unauthorized Persons”). You may not: (1) resell marijuana or transfer any amount of marijuana or any product containing marijuana to Unauthorized Persons, or (2) ship, mail, or otherwise transport marijuana in any way outside of the state of Maine.

Release

You, on behalf of yourself, your heirs and/or devisees, do hereby release Canuvo, its members, directors, officers, employees, agents, affiliates, successors and/or assigns (collectively the “Canuvo Releasees”), from any and all claims, liability, and/or damages, including, without limitation, those for personal injury, death, bodily and/or property damage, based on any theory of liability, including, without limitation, on the ground of Canuvo’s negligence, suffered by you as a result of or related to marijuana, including, without limitation, Canuvo’s dispensing of or refusal to dispense marijuana (in any form) to you or to any other person. You agree to pay Cunovo’s attorneys’ fees and costs of any action, claim, or complaint that you may bring against Canuvo.

Hold Harmless and Indemnification

You hereby agree to hold harmless and indemnify the Canuvo from any and all claims, liability, and/or damages, including, without limitation, those for personal injury, death, bodily and/or property damage, in any way related to your acts or omissions which are in any way related to receipt of the Canuvo Services and/or your possession or use of marijuana. Your obligation to hold harmless and indemnify includes, without limitation, the obligation to pay, upon demand, Canuvo’s reasonable attorneys’ fees and defense costs, as well as the amount of any judgment or settlement reached by the parties.

Savings Clause

The invalidity or unenforceability of any provision of these Terms and Conditions shall not render the remaining provisions invalid or unenforceable.

Representations and Warranties

You represent and warrant to Canuvo that you: (1) have read all of the Terms and Conditions contained on this Website page; (2) fully understand the provisions of these Terms and Conditions; (3) voluntarily agree to these Terms and Conditions; and (4) have read and agreed to Canuvo’s Website Privacy Policy, which can be accessed here and which is incorporated into these Terms and Conditions by reference herein.

Medical Privacy Notice

Effective Date: May 22, 2017

At Canuvo, safety and confidentiality of our patients are our top priorities. This Medical Privacy Notice (the “Notice”) describes how your personal health information may be used and how you can access your personal health information. In this notice, your personal health information will be referred to as Protected Health Information or “PHI.” Any employee, agent, or representative of Canuvo dealing with or having access to your PHI is bound by this Notice. We do not sell, license, or market your PHI to any third parties. Our patient files are kept in a private, secure location, and the information is never accessible to anyone who is not an authorized employee or agent of Canuvo.

Protection of your Health Information:

We are legally required and dedicated to maintaining the privacy and security of your PHI. PHI is the information that can be used to identify you. There are state and federal laws and regulations requiring that your PHI is protected.

This Notice will provide you with information regarding our privacy practices and applies to all of your PHI created and/or maintained at Canuvo, including any information that we receive from other health care providers or facilities. The notice describes the ways in which we may use or disclose your PHI and describes your rights and our obligations regarding any such uses or disclosures. We will abide by the terms of this notice, including any future revisions that we may make to the notice as required or authorized by law.

We reserve the right to change this notice and to make the revised or changed notice effective for PHI we already have about you as well as any information we receive in the future. The first paragraph of the Notice contains the effective date and any dates of revisions to this document. We will post a copy of the current notice on our Website.

We may use or disclose your PHI in one of following ways:

Pursuant to your written authorization (for purposes other than treatment, payment or health care operations);
Pursuant to your verbal agreement (for use in our Dispensary directory or to discuss your health condition with family or friends who are involved in your care);
As permitted by law; and/or
As required by law.

The following describes each of the different ways that we may use or disclose your health information. Where appropriate, we have included examples of the different types of uses or disclosures. While not every use or disclosure is listed, we have included all of the ways in which we may make such uses or disclosures.

How we may use or disclose your PHI:

We may use or disclose your PHI for purposes of treatment, payment, or health care operations.

Treatment. We may use your PHI to provide you with health care treatment and services. We may disclose your PHI to any person employed or retained by Canuvo who is involved in your health care. We also may disclose your PHI to people outside of Canuvo who may be involved in your health care, such as family members, social services, or home health agencies.

Except in emergency situations, we may not disclose PHI which shows you received mental health treatment services to anyone outside Canuvo without your written authorization.

Appointment reminders. We may use or disclose your PHI for purposes of contacting you to remind you of a health care appointment.

Treatment alternatives, health-related benefits and services. We may use or disclose your PHI for purposes of contacting you to inform you of treatment alternatives or health-related benefits and services that may be of interest to you.

Payment. We may use or disclose your PHI so that we may bill and collect payment from you or another third party for the services you receive at Canuvo.

Health care operations. We may use or disclose your PHI to perform certain functions within Canuvo. These uses or disclosures are necessary to operate the Dispensary and to make sure that our patients receive quality care. For example, we may use your PHI to review our treatment and services and to evaluate the performance of our staff in caring for you. We may combine PHI about many of our patients to determine whether certain services are effective or whether additional services should be provided. We may disclose your PHI to Canuvo’s personnel for review and learning purposes. We also may combine PHI with information from other similar dispensaries and facilities to compare how we are doing and see where we can make improvements in the care and services offered to our patients. We may remove information that identifies you from this set of PHI so that others may use the information to learn about the medical marijuana without learning identities of our residents.

Uses or disclosures made pursuant to your verbal agreement. We may use or disclose your health information, pursuant to your verbal agreement, for purposes of releasing information to persons involved in your care as described below.

Individuals involved in your care. We may disclose your PHI to individuals, such as family and friends, who are involved in your care or who help pay for your care.

Uses or disclosures permitted by law. Certain laws and regulations either require or permit us to make certain uses or disclosures of your PHI without your permission. These uses or disclosures are generally made to meet public health reporting obligations or to ensure the health and safety of the public at large. The uses or disclosures, which we may make pursuant to these laws and regulations, include the following:

Public health activities. We may use or disclose your PHI to public health authorities that are authorized by law to receive and collect PHI for the purpose of preventing or controlling disease, injury or disability. We may use or disclose your PHI for the following purposes:

To report deaths;
To report suspected or actual abuse, neglect, or domestic violence involving a child or an adult;
To report adverse reactions to the Canuvo Services;
To notify individuals of product recalls; or
To notify an individual who may have been exposed to a disease or may be at risk for spreading or contracting a disease or condition.

Health oversight activities. We may use or disclose your PHI to a health oversight agency that is authorized by law to conduct health oversight activities. These oversight activities may include audits, investigations, inspections, or licensure and certification surveys. These activities are necessary for the government to monitor the persons or organizations that provide health care to individuals and to ensure compliance with applicable state and federal laws and regulations.

Judicial or administrative proceedings. We may use or disclose your PHI to courts or administrative agencies charged with the authority to hear and resolve lawsuits or disputes. We may disclose your PHI pursuant to a court order, a subpoena, a discovery request, or other lawful process issued by a judge or other person involved in the dispute, but only if efforts have been made to (i) notify you of the request for disclosure or (ii) obtain an order protecting your health information.

Worker’s compensation. We may use or disclose your PHI to worker’s compensation programs when your health condition arises out of a work-related illness or injury.

Law Enforcement official. We may use or disclose your PHI in response to a request received from a law enforcement official for the following purposes:

In response to a court order, subpoena, warrant, summons or similar lawful process if disclosure is authorized or required by statute;
If necessary to protect public health or welfare if disclosure is authorized or required by law;
Regarding a victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement;
To report a death that we believe may be the result of criminal conduct
To report criminal conduct on the Premises; or
In emergency situations, to report a crime—the location of the crime and possible victims; or the identity, description, or location of the individual who committed the crime.

Coroners, medical examiners, or funeral directors. We may use or disclose your PHI to a coroner or medical examiner for the purpose of identifying a deceased individual or to determine the cause of death. We also may use or disclose your PHI to a funeral director for the purpose of carrying out his/her necessary activities.

Organ procurement organizations or tissue banks. If you are an organ donor, we may use or disclose your PHI to organizations that handle organ procurement, transplantation or tissue banking for the purpose of facilitating organ or tissue donation or transplantation.

To avert a serious threat to health or safety. We may use or disclose your PHI when necessary to prevent a serious threat to the health or safety of you or other individuals. Any such use or disclosure would be made solely to the individual(s) or organization(s) that have the ability and/or authority to assist in preventing the threat.

Military and veterans. If you are a member of the armed forces, we may use or disclose your PHI to provide a brief confirmation of general health status as required by military command authorities.

National security and intelligence activities. We may use or disclose your PHI to authorized federal officials for purposes of intelligence, counterintelligence and other national security activities, as authorized or required by law.

Uses or disclosures required by law. We may use or disclose your information where such uses or disclosures are required by federal, state or local law.

Uses or disclosures that require your written authorization. We may use or disclose your PHI for purposes other than treatment, payment or health care operations or as described in this document and for purposes which are not required by law only after receiving your written authorization.

Your rights regarding your health information:

We may use or disclose your PHI for purposes of treatment, payment, or health care operations.

You have the right to revoke a written authorization at any time as long as your revocation is provided to us in writing. If you revoke your written authorization, we will no longer use or disclose your PHI for the purposes identified in the authorization. You understand that we are unable to retrieve any disclosures that we may have made pursuant to your authorization before its revocation. Some examples of uses or disclosures that may require your written authorization include a request to provide your PHI to an attorney for use in a civil litigation claim and/or for purposes of including you on a mailing list.

You have the following rights regarding your PHI that we create and/or maintain:

Right to request an amendment. If you feel that the PHI we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for Canuvo.

To request an amendment, your request must be made in writing and submitted to: