INSTITUTE OF MEDICAL CANNABIS, LLC
TERMS, CONDITIONS AND DISLCAIMER
This agreement sets forth the terms, conditions, disclaimers, limitations and parameters of the agreement entered into by the undersigned student (hereinafter “Student”) and the Institute of Medical Cannabis, LLC (hereinafter “IMC”). IMC is an organization engaged in the dissemination of information pertaining to the emerging field of medical marijuana for educational purposes via the presentation of courses in various areas of interest. Student is a person who is interested in receiving educational materials and information from IMC subject to the terms, conditions, limitations and disclaimers contained herein. IMC agrees to provide Student with materials and instruction based upon a curriculum created by IMC, and Student agrees to provide an agreed upon fee to IMC for the provision of that educational material and instruction.
DISCLAIMER REGARDING CRIMINAL PENALTIES ASSOCIATED WITH POSSESSION, DELIVERY AND/OR MANUFACTURE OF CANNABIS
**IMPORTANT – PLEASE READ CAREFULLY**
Student acknowledges and affirms that the possession, delivery, and/or manufacture of cannabis is a direct violation of United States Federal Law. The Controlled Substances Act (CSA) and other Federal Statutes specifically prohibit persons from possessing, transferring, delivering, or cultivating cannabis within the territorial borders of the United States. The penalties for violation of these laws can be severe and may include incarceration. The United States Supreme Court has held that the Federal Government may still criminalize the production and use of cannabis regardless of whether a particular state within the US has allowed for possession or use under certain circumstances, including use for medical purposes. See, Gonzalez v. Raich, 545 U.S. 1 (2005).
Student acknowledges and affirms that the possession, delivery and/or manufacture of cannabis is a direct violation of the laws of the State of Florida. See, Chapter 893, Florida Statutes. The laws of the State of Florida specifically prohibit a person from possessing, transferring, delivering, or cultivating cannabis within the State of Florida. The penalties for violation of these laws can be severe and may result in incarceration. The State of Florida has approved a constitutional amendment initiative for consideration by voters which may change the State law such that it permits the use, possession, delivery, and/or manufacture of cannabis under limited circumstances where its use is for medical purposes. However, that amendment merely proposes a change to State law in the future, if the amendment is approved, and does not currently have any impact upon the criminal penalties associated with cannabis within the State of Florida.
IMC expressly intends and directs that the educational materials and information provided to Student via this agreement be used only for educational and informational purposes and not in any manner that is in violation of any State or Federal law. IMC expressly intends and directs that any information related to the use, distribution, and/or cultivation of cannabis be strictly used or acted upon only within jurisdictions which legally recognize such use, distribution and/or cultivation, and in strict accordance with any regulations or rules imposed by said jurisdiction.
Student acknowledges and affirms the foregoing statements and expressly agrees and warranties that he/she will not engage in any act that violates Federal or State law, particularly with regard to the use, possession, distribution or manufacture of cannabis. Student agrees and warranties that he/she is only seeking to receive information and materials from IMC for educational and informational purposes and will not use said information in any effort or endeavor that violates Federal or State law. Student agrees that he/she will not use the information or materials provided by IMC to aid, assist or contribute in any way to the Student possessing, distributing and/or cultivating cannabis in any jurisdiction unless and until the laws of that jurisdiction allow for Student to do so without any criminal liability.
Student acknowledges and affirms that should IMC learn that Student has committed any illegal act, has discussed the commission of any illegal act, and/or has planned or communicated a desire to commit any illegal act, IMC will immediately and unilaterally terminate this agreement and will permanently remove Student from participation in any further courses, events or programs associated with IMC. In the event of any such termination or refusal, Student understands and agrees that any fees or monies paid to IMC will be forfeited and Student shall not be entitled to any refund.
GENERAL TERMS AND CONDITIONS
Age Restriction: Student acknowledges and affirms that he/she is over the age of eighteen (18) years and is legally able to enter this agreement. Student agrees not to provide, disclose, reveal or discuss any information obtained from any IMC course, event or program with anyone under the age of eighteen (18) years. If IMC learns that Student has provided any information gained from IMC to a person under the age of eighteen (18) years or has attempted to allow a person under that age to in any way participate in the courses, events or programs offered by IMC, Student will be immediately terminated from any participation with IMC courses, events or programs with no refund for any monies paid to IMC.
Right to Amend Curriculum: Student acknowledges and affirms that IMC has the sole discretion to include or exclude whatever topics, information, or educational areas it chooses within its curriculum and reserves the sole right to remove topics or information from the curriculum without notice to Student. In the event of live presentations of information, IMC reserves the right to substitute speakers who have been listed as presenting at any event or to alter the advertised presentation in any form which IMC deems necessary in its sole discretion.
No Certification: IMC offers its own certification to students upon their successful completion of courses. IMC reserves the right to establish, within its own discretion, the particular requirements and conditions that must be satisfied in order to receive such certification and reserves the right to change, amend, or alter those requirements and conditions at any time. IMC makes no warranty that attendance at any course, event or program will qualify Student for any particular type of employment, vocation or position and Student agrees that there is no promise or expectation that completion of any IMC course, event or program will result in certification, employment, financial gain, or any other outcome for Student. The materials and information provided by IMC are offered “as is” with no warranty as to their accuracy, usefulness, or likely results of use.
Use of Course Materials: IMC agrees to provide Student with educational materials and information which are proprietary to IMC. Student agrees that the provision of these materials is intended for the sole use and benefit of the Student. IMC does not grant Student any right to, and Student agrees he/she will not in fact distribute, copy, or in any way disseminate those materials and information to other persons, whether for commercial purposes or not. Student agrees that all materials and information provided by IMC is the intellectual property of IMC and that Student may not engage in the copying, reproduction, republication, dissemination, sale, display or any other form of distribution of those materials and information.
Governing Law: This agreement shall be governed by the laws of the State of Florida. Any dispute or controversy arising from or relating to this agreement shall be brought in Courts having jurisdiction over Broward County Florida, including the 17th Judicial Circuit of the State of Florida and/or the 11th Circuit of the Federal Courts of the United States/Southern District of Florida. In the event of litigation related to this agreement occurs, the prevailing party in that litigation shall be entitled to recover costs associated with that litigation, including reasonable attorney’s fees.
The undersigned Student has read the foregoing and understands the terms of this agreement fully. By signing below, Student affirms that he/she accepts all of the terms, conditions and disclaimers contained herein.
Date Student Signature
Student Name (Printed)