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CannaMLS Terms of Use

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

1. Definitions

The following terms shall have the meanings assigned below:

Advertising Agreement: A contract between CannaMLS and an individual or entity authorizing access to a CannaMLS service, including but not limited to (i) a written and signed contract, or (ii) an online contract formed through registration and acceptance of these Terms of Use.

Analysis: Includes forecasts, evaluations, simulations, assessments, models, processes, methods, techniques, applications, procedures, formulas, algorithms, and other analyses related to real estate, the cannabis industry, and/or securities.

Authorized User: An individual authorized, per a License Agreement, to access the Passcode Protected Product. Issuance of a Passcode by CannaMLS does not confirm or imply that the recipient qualifies as an Authorized User.

Client Materials: Your own research, reports, or materials prepared periodically for clients or prospective clients.

CannaMLS: CMLS Technologies, LLC and its affiliates.

Company: CMLS Technologies, LLC and its affiliates.

Company Information: The information, text, forms, agreements, videos, images, and data provided by the Company or contained in or supplied from the Database.

Company Parties: CannaMLS and its affiliates, along with their respective partners, officers, directors, employees, agents, third-party suppliers, and each of their successors and assigns.

CPI: Consumer Price Index for All Urban Consumers (CPI-U).

Database: CannaMLS’s proprietary databases of Listings and related information.

DMCA: Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512).

Interface: CannaMLS’s interface for managing Listings.

License Agreement: A contract between CannaMLS and an individual or entity authorizing access to a CannaMLS service, including but not limited to (i) a written and signed contract, or (ii) an online contract formed through registration and acceptance of these Terms of Use.

Listing: A listing for the advertisement of cannabis assets including licenses and facilities or other content published on or through CannaMLS as permitted by these Terms of Use.

News: News subscriptions provided by CannaMLS, including without limitation CannaMLS Newsletter.

Non-Passcode Protected Product: Parts of the Product accessible to the general public without requiring Passcodes or multi-factor authentication.

Passcode: The username, password, and any other authentication method required to access the Product.

Passcode Protected Product: Parts of the Product that require Passcodes, available only to CannaMLS customers with a License Agreement.

Privacy Notice: CannaMLS’s privacy notice located at

Product: The Website, Listings, the Interface, the PRO Directory, the Database, Company Information, Analysis, Buyer and Seller Leads, Financing Requests, reports, and other content provided through the Website, including any updates, modifications, derived information, proprietary organization, layout, design, structures for categorizing, sorting, displaying, collaboration features, and related tools and software.

PRO: A Preferred Referral Organization (“PRO”) is a professional intermediary actively providing services to state-regulated cannabis businesses within the United States. PROs include consultants, attorneys, brokers, agents, and other professionals that are properly licensed for the services they provide in the jurisdictions in which such services are provided.

PRO Directory: The catalog of PRO member PROfiles publicly visible on the Website.

PROfile: The public professional profile of a PRO user that appears in the PRO Directory.

Submitted Content: Any information, data, text, videos, photographs, images, graphics, messages, links, ideas, and other content submitted by you to be displayed publicly on the Product, used by CannaMLS in research activities, or for other purposes.

Website: The CannaMLS website and any affiliate website referencing these Terms of Use.

2. Acceptance of Terms of Use

The Website is operated by CannaMLS. Users must be at least 18 years old to access it. By using any part of the Website, you agree to be legally bound by these Terms of Use, which CannaMLS may update periodically. These Terms of Use apply to your use of the Website and all services CannaMLS offers via the Website, forming a legal agreement between you and CannaMLS. By accessing or using any part of the Website, you confirm that you have the right, power, and authority to agree to and be bound by these Terms of Use. If you do not accept these Terms, or if you lack the authority to do so, you may not use the Website. If you and CannaMLS have a separate License Agreement governing your use of a CannaMLS service, that agreement’s terms will control any inconsistencies with these Terms of Use. You also agree to be bound by the

, which is incorporated into these Terms of Use.

3. Permitted Uses

  • A. In the regular course of business and subject to the limitations below, you may use the Product to view Listings relevant to your interests, as well as to designate, create, and review Listings for opportunities that you own, control, or represent for inclusion and marketing on the Website.
  • B. If your Listing on the Website incorporates Company Information, you are granted a limited, revocable, and non-sub-licensable license to use this information solely in connection with your Listing on the Website.
  • C. You may also provide a hyperlink to the Website, including any Listing, as part of your regular business activities, provided that you must remove such hyperlinks at CannaMLS’s request, and that no hyperlink may appear on any competitor’s website or application.
  • D. You may use the Passcode Protected Product only in accordance with any applicable License Agreement.
  • E. For the Non-Passcode Protected Product, and subject to the restrictions below, you may, in the ordinary course of business:
    • i. Use the Non-Passcode Protected Product for internal research;
    • ii. Use it to:
      • a. Provide limited information (including via email) about specific listings, assets, and market trends to your clients and prospective clients;
      • b. Market particular listings or assets; and
      • c. Support valuation, appraisal, or counseling regarding a specific asset;
    • iii. Share or distribute limited excerpts of CannaMLS Information and Analysis from the Non-Passcode Protected Product to clients and prospective clients (including via email) as part of your Client Materials, provided:
      • a. Such excerpts are supplementary to, and do not form a substantial part of, the Client Materials;
      • b. You assume liability for any distribution of the excerpts;
      • c. CannaMLS is acknowledged as the source of the excerpts;
      • d. The Client Materials do not include listing-specific or seller-specific CannaMLS Information;
      • e. The Client Materials are distributed to a limited audience, not commercially or generally distributed.
    • iv. You may print, copy, or export CannaMLS Information into word processing, spreadsheet, presentation programs, or general-purpose productivity software (or any other software with CannaMLS’s written consent) provided:
      • a. The volume of CannaMLS Information printed, copied, or exported is, in CannaMLS’s reasonable discretion, reasonably tailored for your purpose, insubstantial, in the ordinary course of business, and used in compliance with these Terms of Use;
      • b. No such software is used to create a searchable or competitive database (including databases that allow users to search for or extract individual records or data points) of any part of the Product;
      • c. No CannaMLS Information is exposed to an environment where it could be accessed or used by third parties, including open artificial intelligence tools.
  • F. You may also link to the homepage of the Website or specific Listings in the ordinary course of business, provided you remove any link upon request by CannaMLS, and that no link appears on any competitor’s website or application.

4. Prohibited Uses

  • A. Except as specifically permitted under “Permitted Uses” above, you may not:
    • i. Distribute, disclose, copy, reproduce, make available, upload, post, publicly communicate, display, publish, transmit, assign, sublicense, transfer, provide access to, or sell any part of the Product by any means (including via the Internet, bulletin board systems, electronic networks, listing services, or other data-sharing arrangements). Additionally, you may not modify, adapt, or create derivative works of the Product.
    • ii. Store, copy, or export any part of the Product into any database or other software program.
    • iii. Link to or frame any part of the Product.
  • B. Notwithstanding any other provision herein, without express written permission from CannaMLS, you may not:
    • i. Use any portion of the Product to create, directly or indirectly, any database or product.
    • ii. Access or use the Product if you are a competitor of CannaMLS or provide access to any competitor of CannaMLS or its affiliates.
    • iii. Modify, merge, scrape, disassemble, or reverse engineer any part of the Product or use data mining, extraction tools, robots, spiders, or other automatic devices to monitor or copy any part of the Product or data generated from it.
    • iv. Use, reproduce, publish, or compile any part of the Product for sale, licensing, or public availability.
    • v. Use any portion of the Product in a manner that would violate applicable laws or regulations, including those related to real estate, competition, marketing, advertising, defamation, securities, spam, or privacy.
    • vi. In connection with securities, use any part of the Product in offering materials, registration statements, prospectuses, or filings with the SEC or any government authority.
  • C. You may not use the Product or any part of it in any way that:
    • i. Is threatening, abusive, harassing, hateful, harmful, false, misleading, obscene, vulgar, racially or ethnically offensive, invasive of privacy or publicity rights, or otherwise objectionable, at CannaMLS’s sole discretion.
    • ii. Infringes on any patent, copyright, trademark, trade secret, or other proprietary rights or violates privacy or publicity rights.
    • iii. Exposes the Product to viruses, code, files, or programs designed to interrupt, modify, damage, or limit the Product or any connected servers, networks, or equipment.
  • D. You are also prohibited from using the Product to market listings, products, or services or communicate with contacts obtained from the Product without securing the necessary consents as required by law.
  • E. Impersonation of any individual or entity, or misrepresentation of any registration information, origin of information, or other content posted on or transmitted through the Product is strictly prohibited.

5. Term, Termination and Interruption of Access

Subject to any applicable License Agreement or Advertising Agreement:

  • A. The term for each Product shall be as specified at the point of sale.
  • B. You acknowledge that CannaMLS may interrupt, terminate, suspend, discontinue, or block your access to the Product at any time, including if it determines that you have violated these Terms of Use or any other agreement between the parties or their affiliates.
  • C. If your access to the Product is terminated due to a breach of these Terms of Use, CannaMLS may seek all available legal or equitable remedies. Any breach may result in irreparable harm to CannaMLS, entitling it to injunctive relief in addition to other legal remedies. If CannaMLS engages a third party to pursue remedies, it may recover all related costs, including attorney’s fees and collection fees. Further, any individual or entity violating these Terms agrees not to enforce, and waives the right to enforce, similar terms in any other agreement or terms of use against CannaMLS Parties.
  • D. CannaMLS continuously updates the Product and may modify or discontinue it, temporarily or permanently, without notice. You agree that CannaMLS is not liable for any modifications, suspensions, or discontinuances of the Product. If any part of the Product is discontinued, (i) you will only pay fees associated with portions still provided after the discontinuation date, and (ii) CannaMLS will refund any fees paid for discontinued portions of the Product after the discontinuation date.
  • E. Upon termination, you must stop using all parts of the Product and permanently delete or destroy all elements of the Product within 10 days. Upon request from CannaMLS, you must certify compliance with these terms in a written form acceptable to CannaMLS.

6. Pricing and Fees

Once any applicable free trial period has ended, or you exceed the limits specified in the Pricing Schedule, you will incur fees as outlined in the Pricing Schedule. Applicable fees will be billed monthly, even if you are not actively using the Service. CannaMLS reserves the right to update the Pricing Schedule at any time, and you should review it periodically to stay informed of fees and applicable discounts. If you do not agree to any changes, please contact us to cancel your account. CannaMLS’s calculations will be the definitive calculations for payment due. The current Pricing Schedule is available at:

.

  • A. You are responsible for timely payment, in the specified currency and payment method, of any fees incurred through your use of the Product and related services, whether ordered through the Website, CannaMLS’s sales team, or otherwise. If applicable, you authorize CannaMLS to place a preauthorization hold on fees and to initiate recurring charges or debits to your payment provider for all fees due. If you have outstanding fees owed to CannaMLS or its affiliate under any prior agreement(s), you authorize CannaMLS to make a one-time or recurring payment through your electronic payment provider to cover these past-due fees.
  • B. CannaMLS reserves the right to change the fee structure, payment frequency, and acceptable payment methods at any time, with timely notice provided. For yearly subscriptions, CannaMLS may increase subscription prices annually, on the anniversary of the subscription’s start date, by a percentage equal to the percentage increase in the CPI.
  • C. For online subscriptions for memberships and Listings, you agree to a recurring monthly charge on your payment method until canceled by you.
  • D. Subscription fees are non-refundable, even if terminated or canceled mid-term, and no partial refunds will be issued.
  • E. Invoices may be sent via email or postal mail. Late payments may incur a late fee from the due date until paid, at the maximum rate permitted by law. All fees under these Terms of Use must be paid in full without any offset or deduction. CannaMLS may accept partial payments without waiving the right to collect the remaining balance. Statements on checks or payments will not be interpreted as accord or satisfaction. Fees do not include sales tax, VAT, excise, or any other governmental taxes or fees. Any costs incurred due to third-party payment vendors or credit card payments may be added to your payment obligations. At CannaMLS’s discretion, you may be responsible for these taxes or fees directly or to CannaMLS upon invoicing. CannaMLS may be required to collect sales tax in some jurisdictions, and recurring charges will include this tax if applicable.
  • F. Loyalty or product bundle discounts may be canceled.
  • G. You must notify CannaMLS of any billing discrepancies within 90 days of the charge appearing on your statement; otherwise, you waive the right to dispute the charge.
  • H. It is your responsibility to keep your contact and billing information (such as phone number, email address, credit card details) up-to-date.

7. Administration of Listings

  • A. All Listings on the Website must fit into one or more of these three categories:
    • i. A cannabis license authorized or awarded by a city, state, or federal government agency.
    • ii. A licensed cannabis business that is currently operational, or was previously operational, or has a clear path to becoming operational.
    • iii. A real estate asset available for lease or purchase that is properly zoned for legal cannabis use.
  • B. You are solely responsible for uploading Listings you want included on the Website and must provide all necessary information, data, and imagery for the Listing. You must ensure that all information, data, and imagery for each Listing is accurate at all times. Automated services, such as robots or spiders, may not be used to submit Listings to the Website.
  • C. You represent and warrant that for each Listing you submit, you have the right and authority to list it on CannaMLS’s Website and that you are not submitting it on behalf of any unauthorized party. You agree to maintain accurate contact information (including a valid phone number and email address) to submit and maintain active Listings on the Website.
  • D. You may only post Listings under the name of the owner or the licensed broker, agent, or representative authorized by the owner under an active listing agreement.
  • E. By submitting Listings, you grant permission for them to be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used by users of the Website and other CannaMLS partner and affiliated websites. CannaMLS has the sole authority to determine how Listings are displayed, searched, accessed, and used on these sites.
  • F. CannaMLS is under no obligation to monitor or verify other users’ accuracy or use of the Website. However, it may, at its sole discretion, review and remove or modify Listings alleged to violate these Terms of Use. CannaMLS reserves the right to remove any part of a Listing at its discretion and has no obligation to resolve disputes between Website users.
  • G. Listings that are no longer active or available for sale must be removed immediately. Listings that remain unmodified for 180 days may automatically be marked as “Off Market” or removed. Re-posting an identical Listing to change its status is not permitted.
  • H. All communication from interested parties should occur through the contact form, messaging system, and/or phone number or email provided. By submitting a Listing, you agree not to include contact information in any other part of the Listing. All images submitted for publication must exclusively represent the opportunity or its category, without contact information, broker logos, website addresses, or any overlay text or graphics.
  • I. Only one Listing is permitted per opportunity, and each Listing must represent only one opportunity. Listings may not be edited to advertise a different opportunity.
  • J. By submitting a Listing, you agree to respond to inquiries from interested parties within 72 hours, provide interested parties with any necessary information to make an informed decision, and ensure that all responses are professional and respectful.
  • K. CannaMLS reserves the right to restrict or impose additional limitations on Listings for certain business types (such as hemp/CBD, ancillary services, professional services, or partial business investments).
  • L. CannaMLS may require the submission of a business’s URL, address, or other identifying information to assess the suitability of a Listing for the Website.

8. Submitted Content

Unsupported text element: { "type": "br", "text": "\n", "tagParams": {} }The Product may allow users to submit, upload, post, email, or otherwise transmit Submitted Content via the Product.

  • A. All Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of its originator. This means that you, and not CannaMLS, are entirely responsible for your Submitted Content, including making any necessary redactions to protect sensitive or confidential information of third parties. CannaMLS has no obligation to monitor Submitted Content and is not responsible for it; however, CannaMLS reserves the right, in its sole discretion, to monitor, edit, refuse to post, or delete Submitted Content at any time, for any reason or no reason.
  • B. For all Submitted Content you submit, upload, post, email, or otherwise transmit to or via the Product, you retain any ownership rights you hold but grant CannaMLS and its licensees a royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable license (through multiple tiers) to use, reproduce, publicly communicate, make available, adapt, perform, display, publish, translate, create derivative works from, modify, distribute, sell, rent, and otherwise act with respect to such Submitted Content (in whole or in part) worldwide and/or incorporate it into other works in any form, media, or technology now known or later developed. You also acknowledge and agree that CannaMLS may preserve and disclose such Submitted Content at its discretion. This license is unrestricted and requires no payment from CannaMLS.
  • C. You further waive any “moral rights,” “droit moraux,” or similar rights in your Submitted Content under the laws of any country or treaty, with the exception of “paternal rights.”
  • D. You represent and warrant that: the Submitted Content is accurate to the best of your knowledge; you own or have full authority to grant CannaMLS the rights to your Submitted Content; CannaMLS’s use or licensing of your Submitted Content does not infringe any third-party rights; there are no outstanding claims, judgments, or pending litigation related to your Submitted Content; and it is free of viruses, Trojan horses, or other malware.
  • E. Although CannaMLS makes reasonable efforts to back up data, you are solely responsible for retaining copies of all Submitted Content.

9. CannaMLS Product-Specific Terms

  • A. Bronze, Silver, and Gold Listings: The following terms apply only to the purchase of a Bronze, Silver, or Gold Listing, which can be purchased through the Website:
    • a. Listings are 30-day subscriptions that must be paid in full upfront (equal to the Listing price displayed to You at the time of purchase) at the start of the initial 30-day term.
    • b. After the initial 30-day term, Listings will automatically renew for successive 30-day periods at the current subscription rate until terminated by You.
    • c. No full or partial refunds are given for Listings that are deleted by You or removed by a CannaMLS administrator during the current term.
    • d. Listings that are inactive will not be charged for subsequent renewals.
    • e. Listings that are upgraded during the current term will be considered a new Listing and any changes to the pricing or term will begin upon Your decision to upgrade the Listing.
    • f. Listings that are downgraded during the current term will immediately be downgraded to the new tier You select (for example, from Gold to Silver) for the remainder of the then-current term. After the expiration of the then-current term, the new 30-day period will begin with the price of the new Listing tier you selected during the downgrade process.
  • B. Premium Memberships: The following terms apply to Premium Memberships, which can be purchased through the Website:
    • a. Premium Memberships are 30-day subscriptions must be paid in full upfront (equal to the Subscription price displayed to You at the time of purchase) at the start of the initial 30-day term.
    • b. After the initial 30-day term, Premium Membership subscriptions will automatically renew for successive 30-day periods at the current monthly subscription rate until terminated by You.
    • c. No full or partial refunds are given if you delete your account during the current term. Deleted accounts will not be charged for subsequent renewals.
    • d. No full or partial refunds are given if you upgrade your Premium Membership to a higher membership level during the current term. Memberships that are upgraded will be considered a new Membership and any changes to the pricing or term will begin upon Your decision to upgrade your Membership.
    • e. Memberships that are downgraded during the current term will not reset until the end of the then-current term. Premium Members will continue to have access to Premium account features until the Membership is automatically downgraded upon the expiration of the then-current term.
  • C. PRO Membership: The following terms apply exclusively to PRO Memberships, which are accounts for professional intermediaries actively providing services to state-regulated cannabis businesses within the United States. PROs include consultants, attorneys, brokers, agents, and other professionals that are properly licensed for the services they provide in the jurisdictions in which such services are provided.
    • a. PRO Memberships are monthly subscriptions must be paid in full upfront (equal to the Subscription price displayed to You at the time of purchase) at the start of the initial 30-day term.
    • b. After the initial 30-day term, PRO Membership subscriptions will automatically renew for successive one-month periods at the current monthly subscription rate until terminated by You.
    • c. No full or partial refunds are given if you delete your account during the current term. Deleted accounts will not be charged for subsequent renewals.
    • d. Memberships that are downgraded during the current term will not reset until the end of the current term. PRO Members will continue to have access to PRO account features until the Membership is automatically downgraded upon the expiration of the then-current term.
    • e. PRO members may not use their accounts to list opportunities in which they hold an ownership or financial stake.
    • f. PRO accounts may be restricted to specific geographic regions at CannaMLS’s discretion.
    • g. PRO accounts may not be shared among multiple users. Only one user per PRO account permitted.
    • h. Buyer and Seller Leads: PROs may receive Buyer and Seller Leads through CannaMLS’s Help Request form. Participation is governed by the following terms:
      • i. Access to Buyer and Seller Leads is included in the PRO subscription. If You terminate or downgrade your PRO membership, You will lose access to Buyer and Seller Leads. You agree not to access, utilize, or contact any leads after your PRO subscription is no longer active.
      • ii. CannaMLS does not verify or validate any leads and does not guarantee any interest, engagement, transaction, or outcome of any such lead.
      • iii. Every lead may be visible to every PRO.
      • iv. Only the registered PRO may contact a buyer or seller lead.
      • v. Sharing leads with third parties is strictly prohibited.
      • vi. Reselling leads to third parties is strictly prohibited.
      • vii. You agree not to make repeated unsolicited contact with any buyer or seller lead or to send any communication that would be considered SPAM.
    • i. PRO Directory: PRO users may have their professional profile appear in the CannaMLS PRO Directory:
      • i. If you do not want your professional profile (the “PROfile”) included in the PRO Directory, you can disable the PROfile in your Account Settings.
      • ii. By creating a PROfile, You represent that all information provided is accurate and that you are properly licensed, trained, and experienced for the services you advertise in your PROfile.
      • iii. You agree to conduct yourself professionally in all interactions with CannaMLS users, leads, and administrators.
    • j. CannaMLS reserves the right to terminate the account privileges of any PRO user that violates these terms.
  • D. Help Requests: Users may request help from PROs through the CannaMLS Help Request form:
    • a. By submitting a Help Request, You represent that all information provided is accurate and that You intend to buy or sell within Your stated timeframe.
    • b. You acknowledge that Help Requests will be shared with PRO Members as Buyer and Seller Leads and that PRO Members may contact You by phone, email, or through the CannaMLS integrated messaging system regarding your request.
    • c. CannaMLS does not verify or validate the professional qualifications of any PROs. You must conduct your own due diligence with respect to the PRO’s services and qualifications.
    • d. CannaMLS does not guarantee any response, interest, engagement, transaction, or outcome of any such Help Request. CannaMLS is not responsible or liable for the outcome of any interaction between CannaMLS users.
    • e. PROs pay CannaMLS for a flat monthly membership subscription fee that includes access to Buyer and Seller leads. CannaMLS does not take a referral fee or success fee from any Transaction consummated, including any consummated as a result of such Help Request.
  • E. Financing Requests: Users may request financing through the CannaMLS Financing Request form:
    • a. By submitting a Financing Request, You represent that all information provided is accurate and that You intend to seek financing within Your stated timeframe.
    • b. You acknowledge that Financing Requests may be shared with various lenders as Financing Leads and that lenders may contact You by phone, email, or through the CannaMLS integrated messaging system regarding your request.
    • c. CannaMLS does not verify or validate the professional qualifications of any lender. You must conduct your own due diligence with respect to the lender’s capabilities and terms.
    • d. CannaMLS does not guarantee any response, interest, engagement, transaction, or outcome of any such Financing Request. CannaMLS is not responsible or liable for the outcome of any interaction between CannaMLS users.
    • e. CannaMLS does not charge a success fee from any Transaction consummated, including any consummated as a result of such Financing Request.
  • F. Sold Listing Data: You retain ownership of the listing information you submit through the Sold Listing Data section of the Product. This data remains yours, and you may use it as you wish. CannaMLS will handle the listing information you submit to Sold Listing Data with confidentiality. However, you authorize CannaMLS to aggregate data from Sold Listing Data to identify trends and include these trends in reports or analyses provided to its customers. By submitting any personal information to Sold Data, you represent that you have the necessary consents to share this information.
  • G. News: CannaMLS may provide News through the Product and via email as part of its services to users. If News is provided through the Product, CannaMLS grants you a limited, revocable license to use it for non-commercial purposes, subject to the following conditions:
    • i. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works from, or otherwise exploit the News content.
    • ii. You may not use data mining, robots, or similar data gathering tools on the content, frame any part of the News content, or reproduce, display, distribute, or otherwise share the content without CannaMLS’s prior written consent.
    • iii. You may not bypass mechanisms that prevent unauthorized reproduction or distribution, or introduce software viruses or other code intended to disrupt services or gain unauthorized access.
    • iv. You may not attempt to access other computer systems or networks connected to CannaMLS’s online services.
    • v. You may not use the services or content for any unlawful purpose or encourage conduct that would result in criminal or civil liability, nor associate the services with prohibited content.
  • H. Saved Searches: Information stored in the “saved searches” section of the Product are intended to remain confidential. Unless otherwise specified, access to saved searches is restricted to the Authorized User(s) who store the information and any other designated users. To maintain confidentiality, CannaMLS reserves the right to compile statistical information regarding the use of features, including saved searches. CannaMLS and its contractors may access any portion of its services to provide customer support, conduct product development, perform security checks, protect against unauthorized use, respond to legal requests, or comply with legal requirements.
  • I. Sweepstakes: CannaMLS may conduct sweepstakes from time to time, offering prizes to winners. Each sweepstakes will have specific terms and conditions detailed in its official rules.
  • J. Discounts: CannaMS may offer discounts on its Products and Services from time to time. Eligible users will be notified by CannaMLS. Discounts will be for the duration and amount specified by CannaMLS, unless ended or altered by CannaMLS. Discount codes may not be shared between users or publicly disclosed other than by CannaMLS.
  • K. Free Trial: CannaMLS may offer free trials for Passcode Protected Products at its discretion. Eligible users will be notified by CannaMLS. Unless ended sooner by CannaMLS, free trials will last for the specified period in CannaMLS’s communication. These trial terms, along with these Terms of Use, form a License Agreement between CannaMLS and the user for the trial access to the Passcode Protected Product. During the trial, the user will be considered an Authorized User and must comply with the License Agreement, Advertising Agreement, Global Privacy Policy, and the Terms of Use.

9. Brokers, Agents, Attorneys, and PRO Users

  • A. Anyone identifying themselves as a broker, agent, attorney, or PRO on the Website represents and warrants that they are validly licensed as stated and comply with relevant licensing requirements in all applicable jurisdictions. CannaMLS may, at its discretion, but is not required to, (i) verify the licensure of brokers, agents, attorneys, and PROs, (ii) confirm the existence of representation agreements, and (iii) remove individuals from the PRO Directory if it believes they are unlicensed in any jurisdiction.
  • B. CannaMLS is under no obligation to independently verify the licensure of individuals listed as brokers, agents, attorneys, or PROs on the Website; it is your responsibility to confirm the licensed status of any broker, agent, attorney, or PRO listed on the Website. CannaMLS does not engage in any sale, lease, or financing transactions, does not guarantee the performance or success of any sale, lease, or financing transaction, and disclaims responsibility or liability for any transactions completed between users.

10. Access, Passcodes, and Security

  • A. The Passcode Protected Product is accessible only by Authorized Users, using the Passcodes assigned to them. Authorized Users are responsible for maintaining the confidentiality of their Passcodes and must not share or allow others to use them.
  • B. CannaMLS may use Passcodes to authenticate your identity when accessing the Passcode Protected Product, but is not obligated to verify the actual identity or authority of any party using the Product under a Passcode.
  • C. Unauthorized attempts to bypass Passcodes or other security measures, misuse the Website or Product, access, alter, damage, or destroy information, or otherwise interfere with system operations are strictly prohibited and may result in loss of access. Evidence of such actions may also be shared with law enforcement, leading to prosecution under applicable laws. If you become aware of unauthorized use of any Passcode or a breach of security, you agree to notify CannaMLS immediately at .
  • D. If you create settings, saved searches, fields, or functions within the Product, or import, add, or export any data, CannaMLS is not liable for the information or its loss, destruction, or third-party access. You are responsible for maintaining backup copies of such information, and CannaMLS may limit storage space for it.
  • E. If you cause technical disruptions in the Product, you agree to be responsible for all related liabilities, costs, and expenses, including reasonable attorneys’ fees, fines, and enforcement costs.

11. Ownership

You acknowledge that the Product contains data owned by CannaMLS and its licensors, and that CannaMLS and its licensors hold exclusive rights to all proprietary elements of the Product, including all images, videos, and other media created by CannaMLS for use within the Product. This includes intellectual property rights such as patents, trademarks, copyrights, and trade secrets under U.S., Canadian, U.K., EU, and international laws. This is a license agreement, not a sale, and you have no ownership rights in the Product beyond the right to use it as outlined in these Terms of Use and any applicable License Agreement.

You agree that the Product is CannaMLS’s valuable, confidential, and copyrighted property and agree to (a) comply with all laws protecting these rights, (b) refrain from challenging CannaMLS’s ownership, and (c) avoid removing or bypassing any copyright or anti-piracy protections. You are responsible for any violation of these Terms by your employees, contractors, affiliates, and agents. You may not use or reproduce any trademark or trade name of CannaMLS or its licensors without written consent. These Terms do not restrict CannaMLS from freely using any ideas, suggestions, or feedback you provide regarding the Product.

You grant CannaMLS the right to enforce copyright and other intellectual property claims against unauthorized third parties who scrape, copy, or distribute your Submitted Content without permission and without a separate license from you.

NOTICE

U.S. Government Rights/Commercial Technical Data and Software Unpublished, Rights Reserved Under the Copyright Laws of the United States

The Website contains commercial technical data and software developed privately and licensed under agreements restricting use, disclosure, and reproduction. In accordance with applicable federal regulations, including FAR 12.211, 12.212, DFARS 227.7202, and DFARS 252.227-7015, use, reproduction, disclosure, and dissemination of this data and software are governed strictly by CannaMLS’s commercial agreements, including these Terms of Use.

12. Other Websites; Third-Party Data Providers

  • A. The Product may contain links to other websites, some operated by CannaMLS and others by third parties. CannaMLS is not affiliated with, nor does it endorse, any third-party websites or the products and services they may offer. CannaMLS has not necessarily reviewed the content of these third-party sites, does not guarantee their accuracy or timeliness, and expressly disclaims responsibility for their content and services. Different terms, conditions, and privacy policies may apply to these websites, and you are responsible for reviewing them. Any disputes arising from third-party websites are solely between you and the respective third party.
  • B. You acknowledge that the Product may include data from various providers like Google Maps. CannaMLS has not reviewed all provider content, does not guarantee its accuracy, and disclaims responsibility for it.

13. Procedure for Making Notification of Claims of Copyright Infringement

CannaMLS respects the intellectual property rights of others and requests that users posting or transmitting content to or through the Website do so in compliance with copyright law. CannaMLS’s policy is to restrict and/or terminate access to the Product for individuals or entities that repeatedly submit infringing content in violation of these Terms of Use.

  • A. If you believe your copyrighted work has been copied and is available on the Website or other CannaMLS services in a way that constitutes copyright infringement, you may send CannaMLS a written notice per the DMCA or other applicable law. A valid DMCA notice should include the following:
    • i. Your physical or electronic signature;
    • ii. Identification of the copyrighted work you believe to be infringed or, for multiple works, a representative list of such works;
    • iii. Identification of the material claimed to be infringing, with enough detail to enable us to locate it;
    • iv. Contact information (including name, postal address, telephone number, and, if available, email address);
    • v. A statement of good faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
    • vi. A statement confirming the accuracy of the information in the notice; and
    • vii. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Failure to meet all requirements of Section 512(c)(3) of the DMCA may render your DMCA notice ineffective.

Please note that knowingly misrepresenting that material or activity on the Website infringes your copyright could result in liability for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

  • B. If you believe that material you posted was mistakenly removed or disabled, you may send CannaMLS a counter-notice under the DMCA, including the following:
    • i. Your physical or electronic signature;
    • ii. Identification of the material that was removed or disabled and the location where it appeared before removal or disabling;
    • iii. Contact information (name, postal address, telephone number, and, if available, email address);
    • iv. A statement, under penalty of perjury, that you believe the material was mistakenly removed or disabled; and
    • v. A statement consenting to the jurisdiction of the Federal District Court in your area (or, if outside the U.S., any jurisdiction where the Website is accessible) and agreeing to accept service from the person who filed the complaint or their agent.

The DMCA permits CannaMLS to restore removed content if the original complainant does not initiate a court action within 10 business days after receiving your counter-notice.

  • C. Our designated copyright agent for receiving all DMCA notices is:

General Counsel

CMLS Technologies, LLC

100 N Howard Street

Suite 4086

Spokane, WA 99201

Email:

14. No Warranties

ALTHOUGH CANNAMLS STRIVES TO PROVIDE ACCURATE CONTENT, THE PRODUCT AND ALL ITS COMPONENTS ARE OFFERED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." CANNAMLS AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO: (a) MERCHANTABILITY, FITNESS FOR GENERAL OR SPECIFIC PURPOSES, WORKMANLIKE EFFORT, QUIET ENJOYMENT, AND FREEDOM FROM ENCUMBRANCES; (b) QUALITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE PRODUCT; (c) WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (d) CONFORMANCE OF THE PRODUCT TO ANY SPECIFIC FUNCTION OR EXPECTATION; (e) THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; AND (f) TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE PRODUCT IS AT YOUR OWN RISK.

BY ACCESSING OR USING THE PRODUCT, INCLUDING ANY TOOL, FORM, OR AGREEMENT PROVIDED ON THE SITE, OR BY UPLOADING CONTENT, YOU (i) ACKNOWLEDGE THAT CANNAMLS IS NOT A PARTY TO ANY TRANSACTION REFERENCED IN SUCH FORMS OR AGREEMENTS, (ii) AGREE THAT THESE TERMS OF USE, INCLUDING DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNITY PROVISIONS, APPLY TO SUCH TOOLS, FORMS, AGREEMENTS, AND YOUR USE OF THEM, AND (iii) ACKNOWLEDGE THAT CANNAMLS MAKES NO REPRESENTATIONS REGARDING THE LEGAL SUFFICIENCY OR ENFORCEABILITY OF ANY TOOLS, FORMS, OR AGREEMENTS AND THAT YOU HAVE INDEPENDENTLY DETERMINED THEIR LEGAL SUFFICIENCY WITHOUT RELYING ON CANNAMLS. YOU FURTHER ACKNOWLEDGE THAT CANNAMLS MAKES NO WARRANTIES REGARDING THE LEGAL EFFECT OR ENFORCEABILITY OF ANY ELECTRONIC SIGNATURES AND THAT YOU HAVE CONDUCTED YOUR OWN ASSESSMENT OF THEIR SUFFICIENCY, LEGALITY, AND GOVERNING LAW.

ALL DOCUMENTS, IMAGES, AND OTHER INFORMATION AVAILABLE THROUGH THE PRODUCT ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT REPRESENT CURRENT CONDITIONS OF A PROPERTY OR ITEMS THEREIN. USERS ARE STRONGLY ENCOURAGED TO PERFORM INDEPENDENT DUE DILIGENCE AND SEEK LEGAL COUNSEL WHEN EVALUATING LISTING INFORMATION.

15. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CANNAMLS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM ANY FAULTS, INTERRUPTIONS, OR DELAYS IN THE PRODUCT OR FROM ANY ERRORS, OMISSIONS, OR INACCURACIES IN INFORMATION PROVIDED, OR FOR UNAUTHORIZED USE OF THE PRODUCT.

IN NO EVENT WILL THE TOTAL LIABILITY OF CANNAMLS AND ITS AFFILIATES TO YOU, FOR ANY REASON, EXCEED THE AMOUNT OF FEES PAID TO CANNAMLS IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. THIS AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY APPLICABLE DAMAGES.

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, CANNAMLS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES INDEPENDENTLY OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES EVEN IF THAT REMEDY FAILS.

ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OCCURS. THIS SECTION APPLIES REGARDLESS OF THE BASIS OF THE CLAIM—WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE.

THE RELEASES IN THESE TERMS INCLUDE CLAIMS YOU MAY NOT CURRENTLY BE AWARE OF OR SUSPECT EXIST.

IF YOU ARE A CALIFORNIA RESIDENT, YOU SPECIFICALLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN, WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT.” THIS LIMITATION OF LIABILITY IS FUNDAMENTAL TO THE BARGAIN BETWEEN YOU AND CANNAMLS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM CANNAMLS THROUGH THE PRODUCT SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.

16. Indemnification

You agree to defend, indemnify, and hold harmless CannaMLS and its affiliates from and against any third-party claims, actions, suits, or demands, and any resulting losses, expenses, damages, costs, or other liabilities (including reasonable attorneys' fees) arising from or related to your (and your users’) Submitted Content, use or misuse of any part of the Product, or your violation of these Terms of Use. You will cooperate as reasonably required in defending any such claim or demand. If this indemnity is unavailable to CannaMLS or its affiliates under any applicable law, CannaMLS reserves the right to seek contribution from you in court under any available legal or equitable theories.

17. Assignment

Your obligations hereunder are binding on your successors, legal representatives, and assigns. You may not assign, sublicense, or otherwise transfer (by operation of law or otherwise) these Terms of Use or any rights to use the Product, in whole or in part, without the prior written consent of CannaMLS.

18. Privacy

  • A. Use of the Product is subject to the Global Privacy Policy, which is incorporated into these Terms of Use.
  • B. CannaMLS may send you and your employees communications it considers relevant, including updates on new features or products, available listings, product updates, and marketing content. You may opt out of marketing messages where required by law.
  • C. CannaMLS prohibits using its system or tools to generate or send unsolicited commercial emails or any emails that would violate anti-spam laws or regulations. By using CannaMLS’s email services, you agree to include a link to your privacy policy and a functional unsubscribe mechanism, and you must honor unsubscribe requests as required by law. CannaMLS reserves the right, but not the obligation, to revoke privileges of any party who breaches these terms.
  • D. CannaMLS is committed to respecting your privacy when you use the Website. While CannaMLS takes precautions to secure your personal information, it cannot guarantee the confidentiality of information transmitted over the Internet and is not responsible for any damages resulting from a loss of confidentiality.

19. Website Auditing and Monitoring

CannaMLS reserves the right to audit and monitor the use of the Product and Website, manually or via automated methods, to ensure compliance with these Terms of Use, screen, block, filter, edit, or remove content, and maintain or improve the Product and Website. You acknowledge and consent to CannaMLS accessing, preserving, and disclosing information about your use of the Product and Website, including communications and Submitted Content, if required by law or if CannaMLS reasonably believes it is necessary to: (a) comply with legal processes; (b) enforce these Terms of Use; (c) respond to claims of Submitted Content violations; (d) respond to customer service requests; or (e) protect the rights, property, or personal safety of CannaMLS, its users, or the public.

20. Notices

Unless otherwise expressly provided, all notices to CannaMLS must be in writing and delivered via registered or certified mail (with return receipt requested, if available) or by a recognized overnight courier to:

CMLS Technologies LLC

100 N Howard Street

Suite 4086

Spokane, WA 99201

Attention: General Counsel

21. Force Majeure

None of the CannaMLS Parties shall be liable for any damages arising from failure or delay in performing any obligation hereunder due to causes beyond CannaMLS’s control, including but not limited to industrial disputes, acts of God or government, public enemy, war, fire, pandemic, epidemic, or other casualty, as well as any failure of technology, telecommunications, or other means for storing or transmitting the Product.

22. Choice of Law; Jurisdiction

These Terms of Use and your use of this Product shall be governed by and construed under the laws of the District of Columbia, without regard to its choice of law principles. Unless otherwise agreed upon in writing, the federal and state courts in the District of Columbia shall have exclusive jurisdiction for any action against CannaMLS related to these Terms of Use or the Product. You irrevocably consent to the jurisdiction and venue of the federal and state courts located in the District of Columbia, and to the jurisdiction of the federal, provincial, or state courts in any State or Province where you are located, for any action brought against you in connection with these Terms of Use or your use of the Product.

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).

23. Export Restrictions

The Website is controlled and operated by CannaMLS from its offices in the United States. CannaMLS makes no representation that any part of the Product or materials accessed through the Website is appropriate, enforceable, compliant with local laws, or available for use outside the United States, and access to such materials from locations where they are illegal is prohibited. If any material on this Product, or your use of it, violates the laws of the place where you are accessing it, or if CannaMLS lacks required licenses in such location, the Product is not intended for your use, and CannaMLS requests that you refrain from using it. You are responsible for familiarizing yourself with and complying with local laws in your jurisdiction. You may not export or re-export any part of the Product except in compliance with all applicable laws and regulations, these Terms of Use, and, if applicable, any associated License Agreement. In particular, no part of the Product may be exported or re-exported in violation of U.S. sanctions, export control laws, or regulations, nor to any country embargoed by the United States or any individual on the U.S. Treasury Department’s Specially Designated Nationals list or the U.S. Commerce Department’s Table of Denial Orders.

24. Changes to these Terms of Use

CannaMLS reserves the right, at its sole discretion, to modify these Terms of Use at any time by posting the revised terms on the Product. It is your responsibility to check periodically for any updates. Your continued use of the Product following the posting of any changes to these terms or other policies signifies your acceptance of the changes.

25. Miscellaneous

  • A. The parties are independent contractors, and nothing in these Terms of Use creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between them.
  • B. These Terms of Use embody the entire understanding between the parties regarding the Product, superseding any prior oral or written agreements on this matter, except for any written License Agreement between the parties.
  • C. CannaMLS’s failure to enforce any provision of these Terms of Use at any time does not waive CannaMLS’s right to enforce it later.
  • D. Each party acknowledges its responsibility under applicable anti-bribery and anti-corruption laws, and warrants that it has not and will not offer, solicit, or accept any bribe to improperly influence any actions in the course of business.
  • E. If any non-essential provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full effect. Any unenforceable provision shall be replaced with one that retains the intent and benefits of the original provision.
  • F. Headings are for reference only.
  • G. Any provisions by nature intended to survive expiration or termination of these Terms of Use will do so, including restrictions on information or materials, disclaimers, indemnities, waivers, releases, and limitations on liability.
  • H. The English version of these Terms of Use is binding; any translation is for convenience only and does not affect the interpretation of these Terms.
  • I. Access to the Product is limited to individuals legally able to enter into binding contracts.
  • J. The Website provides general business information about real estate, cannabis licenses, cannabis businesses, and CannaMLS, but does not constitute real estate, legal, tax, accounting, investment, or other professional advice. CannaMLS subscriptions are strictly for business purposes, not personal, family, or household use. You may not use the information and services on the Website to determine eligibility for credit, insurance, employment, government benefits, or in any way that may be construed as a consumer report under the Fair Credit Reporting Act.
  • K. CannaMLS may subcontract or delegate any of its duties, obligations, or services to an affiliate or third party at its sole discretion.

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