Cana Technology, Inc.
Last Updated: March 3, 2022
This Cana One Reservation Agreement (“Agreement”) between You (“you” or “your”), and Cana Technology, Inc., a company incorporated under the laws of the state of Delaware with an office at 1204 Middlefield Road, Redwood City, CA 94063 (“we” “our” or “us”), is for your reservation with us of Cana One.
You hereby confirm that you wish to reserve Cana One (an “Appliance”) with us and are at least 18 years of age.
2. Non-Binding Reservation Payment
The reservation payment for an Appliance is $99 (“Reservation Payment”). In consideration of your acceptance of this Agreement, and upon receipt of the Reservation Payment (payable by credit card in accordance with the payment instructions provided during the registration process), we will, subject to paragraph 4 below, assign to you a reservation sequence position for an Appliance.
This Agreement does not constitute an agreement for the sale and supply of an Appliance. You are under no obligation to purchase an Appliance from us, and we are under no obligation to supply you with an Appliance.
If and when we notify you of the availability of an Appliance and you wish to proceed with the purchase of the Appliance, such purchase will be governed by a separate and legally binding agreement (“Purchase Agreement”). At such time, you will have to purchase the software required to operate the Appliance separately and such purchase may be governed by the same Purchase Agreement or a separate agreement.
This Agreement does not constitute an agreement for the sale of alcoholic beverages to be included in the Appliance. Sales of alcoholic beverages will be made pursuant to separate Purchase Agreements as described below, if applicable.
The Reservation Payment is fully refundable to you should you choose to abandon your reservation prior to entering into a Purchase Agreement.
3. Effective Date
This Agreement will be entered into and effective between us and you when you accept this Agreement by clicking on “I Accept” checkbox during the registration process together with the Reservation Payment. Upon the effective date, we will activate your reservation.
We will establish your reservation sequence position in our sole discretion. We may decline or delay reservations to avoid oversubscription or as we deem appropriate in our sole discretion. If your reservation is declined, you will be notified and your Reservation Payment will be refunded.
5. Order Process
As the delivery date of your Appliance nears, we will ask you to confirm where you will register and take delivery of the Appliance, and to provide full details of the legal purchaser of the Appliance.
We will create an order for your Appliance detailing the information provided by you (“Order”), and a Purchase Agreement indicating the estimated purchase price of your Appliance, plus any applicable taxes, transport and delivery charges, and any other applicable fees.
We will then submit to you the Order and the Purchase Agreement.
If you wish to proceed and purchase an Appliance, you must sign and return to us the Purchase Agreement. We will then prepare your Appliance for delivery and your Reservation Payment will be held as a non-refundable deposit and applied to the costs of your Appliance, pursuant to the terms of the Purchase Agreement.
Before your Appliance is ready for delivery, we will notify you that we will be requesting payment of the “Amount Due from Buyer” at delivery stated on the Purchase Agreement. We will not deliver the Appliance to you until we have received full payment in cleared funds from you.
If you do not wish to enter into a Purchase Agreement, you have the option to relinquish your reservation sequence position and defer to a later position to be determined by us (only one deferral is permitted). If you do not communicate your decision to us within 10 business days of notification under paragraph 5, you will automatically be granted such a deferral.
7. Your Details
From time to time we will ask you to provide us information so that we can perform our obligations under this Agreement. We will treat all your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it securely and we will fully comply with our obligations under applicable data protection or privacy law.
By reserving an Appliance, you are giving us your consent to use your personal information and the other information which you provide to us so that we can process your reservation, conduct administration and prepare the Order and Purchase Agreement.
From time to time, we may contact you by mail, telephone, email and text in relation to your reservation of an Appliance and you agree that you will not consider any of the above as being a breach of any of your rights under any data privacy, data protection or privacy law.
You can opt-out of receiving marketing information from us at any time; you may contact us for more information. However, we will still use your information in order to process your reservation.
8. Limitation of Liability
We make no warranty of any kind in connection with this Agreement. Under no circumstances will we be held liable for incidental, special, punitive, or consequential damages of any kind (including lost profits) arising out of your reservation or this Agreement, even if we or our representative has been advised of the possibility of occurrences which would lead to such damages. In the event we are held liable for any damages related to your reservation or this Agreement, your sole and exclusive remedy will be limited to reimbursement of the Reservation Payment paid to us. You must bring any claim or action related to these matters against us within two (2) years of any act, event, condition or omission upon which your claim or action is based.
9. Governing Law; Agreement to Arbitrate
The terms of this Agreement are governed by, and to be interpreted according to the laws of the State of California.
If you have a concern or dispute, please send a written notice describing it and your desired resolution to email@example.com. If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and us will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our Appliance.
We will pay all AAA fees for any arbitration, which will be held in the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
The arbitrator may only resolve disputes between you and us, and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing Appliances. In other words, you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.
If you prefer, you may instead take an individual dispute to small claims court.
You may opt out of arbitration within 30 days after accepting this Agreement by sending a letter to:
Cana Technology Inc., Attn: Legal Department, 1204 Middlefield Rd, Redwood City, CA 94063
stating your name, reservation number, and intent to opt out of the provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.
10. No Resellers; Discontinuation; Cancellation.
We sell Appliances directly to end-consumers and we may unilaterally cancel any order that we believe has been made with a view toward resale of Appliances or that has otherwise been made in bad faith. We may also cancel your reservation and refund your Reservation Payment if production of Appliances is discontinued after you place your reservation or if we determine that you are acting in bad faith.
11. Integration; Assignment.
Prior agreements, oral statement, negotiations, communications, or representations about an Appliance sold under this Agreement are superseded by this Agreement. Terms relating to the reservation not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.