Membership Agreement
This Membership Agreement (“Agreement”) is entered into between the Association for Certified Commercial Cannabis Experts, Inc. (“ACCCE”, also referred to as “We”, “Us” and “Our”) and the undersigned individual (“Member”, also referred to as “You” and “Your”).
Dues
Your membership dues are payable upon admission to ACCCE membership in accordance with the current membership dues schedule, which may change from time to time, and is published here.
After payment of the initial membership dues, subsequent membership dues shall be required and payable on each successive 12-month anniversary of the date of admission to membership (“Membership Anniversary”). You shall be considered as being in arrears the day after the due date. We shall bill You for dues in advance by written invoice sent out at least 30 days prior to each Membership Anniversary. If You resign Your ACCCE membership, You shall not be entitled to a refund. If You pay Your membership dues 90 days after Your Membership Anniversary, We shall consider the payment a reinstatement of Your membership and an agreement to continue this Agreement and Your original Membership Anniversary schedule shall still apply for the next due date; however, Your membership benefits shall terminate on Your Membership Anniversary and will not be available until Your membership is reinstated.
Membership dues are not deductible as charitable contributions.
Membership Ethics
As part of a professional organization, You are expected to adhere to Our membership ethics policy that is published here, which may be updated from time to time. In the event that We receive any complaints from anyone regarding Your conduct, actions, communications, and/or activities related to Us in any way, such complaint(s) may result in immediate termination of Your membership in Our sole discretion.
Educational Material
You understand that the material provided by Us is education material and is not intended as advisory services. You also understand that any information presented by Us is illustrative and is intended to be generally applicable information to those in the commercial cannabis industry. Statements by Us, whether on-line or verbally, shall not be construed as advisory services or advice on your particular needs.
Membership Term and Termination
The term of this Agreement and Your date of admission to membership shall begin on the date that Your membership application has been accepted and that You have paid Your membership dues, or whichever is later if not the same date. Your membership shall end on the date of termination, expiration, or cancellation of Your membership, or upon any earlier termination of this Agreement by Us. Your membership automatically terminates on the date of Your Membership Anniversary if You do not pay Your applicable membership dues for that year, subject to the Dues section of this Agreement.
Unless terminated as provided herein, this Agreement shall remain in full force and effect, renewing annually, at the beginning of Your Membership Anniversary.
You have the right to cancel Your membership at any time, upon receipt of written notice from You to Us. We shall not be responsible for a refund of any fees and charges paid by You prior to termination of this Agreement.
We shall have the right, in Our complete and sole discretion, to terminate this Agreement or suspend Your Membership upon breach of any provision of this Agreement. We shall not be responsible for a refund of any fees and charges paid by You prior to termination of this Agreement.
We shall have the right, in Our complete and sole discretion, to terminate the Agreement for convenience five days after providing written notice to You; provided however, that in the event of an exercise of this right to terminate for convenience, We shall refund to You a pro rata amount of membership dues paid for such membership year as calculated by the amount paid for such membership year in which termination became effective multiplied by the number of days remaining in the membership year divided by 365 days. Any such refund due and payable to You shall be paid within thirty days of the effective date of the termination of this Agreement.
Upon termination, all membership benefits of this Agreement immediately cease, including the ability to claim current certification under ACCCE, if applicable.
License to Identify Membership
During the term of this Agreement, We grant You a non-exclusive, non-assignable and non-transferable limited license to use the Association of Certified Commercial Cannabis Experts and ACCCE (together referred to as “ACCCE Name”) and logo only as stated below in the following printed media whether as printed or “online” materials and electronic broadcast media: newspapers, periodicals, billboards, posters, direct mail, flyers, yellow pages or other directory advertising, telephone, television or radio spots, business cards, stationary, invoices, facsimile cover sheets and other standard business documents for the limited purpose of conveying notice of Your membership in ACCCE. You agree that the ACCCE Name and logo may not be otherwise used, copied, reproduced or altered in any manner. Nothing in this Agreement, or in Your use of the ACCCE Name and logo, will give You any right whatsoever in the ACCCE Name and logo, or in any similar marks, beyond the right granted in this Agreement.
Upon any termination, expiration, cancellation or suspension of Your membership or the term of this Agreement, You shall immediately discontinue all use of the ACCCE Name and/or logo. Furthermore, We have an absolute right to terminate, cancel, suspend or withdraw Your license at any time.
The ACCCE Name and logo may not be used in any way as to represent approval by Us of the content of media without Our prior written permission. A copy of any proposed media must accompany all requests for permission.
The ACCCE Name and logo may not be used in any way as to represent an endorsement or certification by Us of any product or service offered by You. Nothing in this Agreement or in Your use of the ACCCE Name and/or logo shall confer any endorsement or approval of Your products or services or of You.
The ACCCE Name and/or logo are Our property and may only be used by You during Your period of membership.
You may display the ACCCE Name and/or logo anywhere on Your website at Your primary internet domain name. Your online use of the ACCCE Name and/or logo will be linked, at a minimum from the most prominent reference to the Name and/or Logo on the respective page, to the ACCCE website at https://www.accce.org (or such other address as shall be established).
The ACCCE Name and/or logo are protected by trademark and copyright laws and international trademark and copyright treaties, as well as other intellectual property laws and treaties and contain intellectual property exclusive to Us. All right, interest, title to, and ownership and intellectual property rights in, the ACCCE Name and/or logo and all copies remain with Us.
You are expressly prohibited from utilizing the ACCCE Name and/or logo for any purpose not permitted in this agreement. You may not modify the ACCCE Name and/or logo or create derivative works based upon the ACCCE Name and/or logo or any part of the ACCCE Name and/or logo.
You must comply with all applicable laws regarding the use of the ACCCE Name and/or logo. We reserve all rights not expressly granted.
Membership Activities
Non-Internet-Based Events
Certain paid non-Internet-based events (individually referred to as an “Event”) that require payment for attendance cannot be guaranteed until full payment has been received. Any cancellations are subject to the specific Event’s cancellation policy as posted online. In the event there is no posted cancellation policy, cancellations received 60 days or more before an Event will receive a refund minus a $250 administration fee or the cost of the Event, whichever is less. Cancellations received 30 days or more before an Event will receive a credit voucher to use for future Events. Cancellations less than 30 days before an Event will not be refunded.
Tickets to Events may be transferable, please see the Event details for further information and restrictions. An additional fee may be assessed in order to transfer a ticket to a non-member.
If You register for an Event that You do not attend and We did not receive a cancellation request as stated above, there will be no refund.
Internet-Based Events
Certain paid Internet-based events, those that do not have attendees in-person, (individually referred to as a “Web Event”) that require payment for participation or attendance cannot be guaranteed until full payment has been received. Any cancellations are subject to the specific Web Event’s cancellation policy as posted online. In the event there is no posted cancellation policy, cancellations received 10 days prior to the Web Event will receive a refund minus a $50 administration fee or the cost of the Web Event, whichever is less. Cancellations received 3 days or more before a Web Event will receive a credit voucher to use for future Web Events. Cancellations less than 3 days before a Web Event will not be refunded.
Tickets to Web Events may be transferable, please see the Web Event details for further information and restrictions. An additional fee may be assessed in order to transfer a ticket to a non-member.
If You register for a Web Event that You do not attend, and We did not receive a cancellation request as stated above, there will be no refund.
Certification
If You apply for certification, We will review Your application to ensure that You meet the eligibility criteria as set forth on Our website at the time of Your application. If You do not meet the eligibility requirements, You will be refunded Your certification fee minus a $75 processing fee. If You re-apply for certification within 120 days of the original application date, the original processing fee amount of $75 will be applied toward Your next certification application fee.
Once You pass Your certification examination, You may display the applicable full name of the certification You have achieved (Certified Commercial Cannabis Expert or Certified Commercial Cannabis Professional) or the applicable short name (CCCE or CCCP) in accordance with the License to Identify Membership section of this Agreement in conjunction with Our name. In the event You are no longer an ACCCE member, You will no longer be considered to have an active certification and You shall no longer hold Yourself as a Certified Commercial Cannabis Expert or Certified Commercial Cannabis Professional, as may be applicable.
Once You have passed Your certification examination, You are responsible for complying with current continuing education or re-certification requirements as set forth on Our website, which may be modified or amended from time to time. If You fail to comply with these continuing education or re-certification requirements, You will no longer be considered to have an active certification and You shall no longer hold Yourself out as a Certified Commercial Cannabis Expert or Certified Commercial Cannabis Professional, as may be applicable.
You may not share any examination question or answers with anyone, for any reason, without express written permission from Us. In the event You are found to have shared an examination question or answers, penalties shall include termination of Your membership and You will no longer be considered to have an active certification. There shall be no refund of any membership or certification-related fees.
Intellectual Property; Confidentiality
All content presented through Our member-only area of the website, Events, and Web-Events are considered Our “Intellectual Property” and confidential. Anyone who has communicated Our Intellectual Property to any other person or entity without Our express written consent shall be subject to penalties. Penalties include termination of membership and all the benefits of membership and the inability to apply for membership in the future. There shall be no refund of any fees related to membership or certification that have already been paid.
Limitation of Liability
YOU AGREE THAT YOU WILL NOT SUE US FOR INJUNCTIVE RELIEF OR FOR ANY DAMAGES ON ANY MATTER CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER FOR ANY DAMAGES OF ANY TYPE AS A CONSEQUENCE OF YOUR ACTIONS PURSUANT TO THIS AGREEMENT, WHETHER SUCH ACTIONS ARE AUTHORIZED OR UNAUTHORIZED PURSUANT TO THE TERMS OF THIS AGREEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOT WITHSTANDING ANYTHING CONTAINED HEREIN, WE WILL NOT BE LIABLE FOR ANY BREACH-OF-CONTRACT DAMAGES SUFFERED BY YOU THAT ARE REMOTE OR SPECULATIVE, OR THAT WE COULD NOT REASONABLY HAVE FORESEEN ON ENTRY INTO THIS AGREEMENT. OUR LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE LAST MEMBERSHIP DUE PAID UNDER THIS AGREEMENT.
General Provisions
Governing Law; Venue
This Agreement shall be governed by and construed under, and the legal relations among the parties hereto shall be determined in accordance with, the laws of the State of Colorado, excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction. In the event of any dispute that arises out of or is related to Your membership and/or this Agreement, You agree to submit to personal jurisdiction of the state and federal courts located in Douglas County, Colorado for any suit or action arising from or related to this Agreement, and waive any right You may have to object to the venue of such courts. You further agree that these courts will have exclusive jurisdiction over any such suit or action initiated by You against Us. You also irrevocably waive any right You may have to a jury trial.
Waivers
All waivers must be in writing and signed by the waiving party. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Entire Agreement
This Agreement constitutes the entire agreement between You and Us. No modification or amendment of this contract shall be effective unless in writing and signed by both parties.
Severability
If any provision of this Agreement is held invalid or unenforceable, all other provisions shall remain valid, and this Agreement shall be enforced to the full extent allowable under applicable law and a substitute, valid, and enforceable provision most nearly reflecting the original intent shall be developed in place of the invalid provision.
Modification
We reserve the right to change this Agreement and/or its terms at any time and may eliminate the license granted herein with respect to You individually or all members collectively at any time. Any change to this Agreement and/or its terms shall be effective as of the date of posting to Our website or actual notice to You, whichever is earlier.
Notices
You agree that We may send notices to You at the email address provided in Your membership profile. You may contact Us directly at the phone number and email provided on Our Contact page.