The websites, mobile sites, applications or associated products, software or, or any loyalty program (“Program”) and/or other services, events, or programs (collectively, the “Services”) is a copyrighted work belonging to, and owned or operated by BESAME WELLNESS LLC and its affiliates (referred here in as “company, “us”, “our”, or “we”), including, without limitation to, BMD Smithville LLC, BMD Liberty LLC, BMD Swift LLC, BMD Cameron LLC, BMD Warrensburg LLC, Missouri Hemp Improvement Company, Elevation Partners LLC (collectively, the “Sites”). References to “user,” “you” and “your” refer to you, a user of our Site and/or Services. Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. References to “you” and “your” refer to you, a user of the Sites.
We may amend these Terms of Services, from time to time without notice to you by posting the most recent version on this Website. Please access and review these Terms of Service regularly. It is your responsibility to check this page periodically for changes. If you find any of the terms or conditions of Service unacceptable to you at any time, please discontinue your use of this Site or Services. Your use of the Sites after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. You agree to periodically review these Terms to ensure you are familiar with the most recent version. You agree that you do not have any rights in the Sites and that Company will have no liability to you if the Sites are discontinued or your ability to access the Sites is restricted.
PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES (WITH LIMITED EXCEPTION) YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, MEANING YOU CANNOT BRING CLAIMS AGAINST US IN COURT, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
2. IMPORTANT DISCLAIMERS.
ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY US ON ANY WEBSITE, KIOSK, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT ENDORSE, AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS (EACH AS DEFINED BELOW). WE ARE NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SITE OR SERVICES. WE ARE NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS, CONTENT, OR DEALS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE.
WE DO NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF OUR SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND OUR GENERATED CONTENT DERIVED FROM USER. THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA OUR SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT A QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON OUR SOCIAL MEDIA PAGES AND CHANNELS
WE ARE A SERVICE PROVIDER ONLY, WITH YOU AS INITIATOR OF ALL COMMUNICATIONS. YOU UNDERSTAND AND AGREE THAT UNDER YOUR CONTRACT, THE DOCUMENTATION AND ANY APPLICABLE ORDER FORMS, COMPANY’S ROLE IS THE PROVIDER OF SERVICES FOR YOUR USE, AND AS SUCH, (I) COMPANY DOES NOT ORIGINATE, SEND, DELIVER ANY COMMUNICATIONS TO ANY RECIPIENT VIA SMS, MMS OR EMAIL; (II) THAT COMPANY’S ROLE IS LIMITED TO A TECHNOLOGY PLATFORM COMMUNICATION SERVICE PROVIDER ONLY; (III) THAT ALL COMMUNICATIONS, WHETHER, WITHOUT LIMITATION, SMS, MMS OR EMAIL, ARE CREATED BY AND INITIATED BY YOU, INCLUDING COMMUNICATIONS REGARDING PROMOTIONS, WHETHER GENERATED BY YOU OR SENT AUTOMATICALLY BY VIA THE AUTO-CONNECT/AUTO-CAMPAIGN SERVICE CONFIGURED BY YOU, OR GENERATED BY YOUR CUSTOMERS’ PURCHASE ACTIVITY OR AS A RESPONSE TO YOUR CUSTOMERS’ INBOUND MESSAGING.(IV) COMPANY AS YOUR COMMUNICATIONS SERVICE PROVIDER WILL ‘OPT OUT’ ANY CUSTOMER OF YOURS FROM RECEIVING FUTURE EMAIL, SMS AND MMS MESSAGES PROVIDED THAT SAID CUSTOMER HAS FOLLOWED THE PROVIDED INSTRUCTIONS WITHIN THE SMS/MMS MESSAGE OR EMAIL THEY HAVE RECEIVED THAT OUTLINES HOW TO PROPERLY REQUEST BEING OPTED OUT OF RECEIVING FUTURE MESSAGES.
ACKNOWLEDGEMENT OF FEDERAL LAW: User expressly acknowledges that Company is for residents of states and localities with laws regulating medical or the recreational use of cannabis only and that medical cannabis collectives and patients are established pursuant to their respective local laws. Marijuana is included on Schedule 1 under the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. User further acknowledges that medical use is not recognized as a valid defense under federal laws regarding marijuana. User also acknowledges that the interstate transportation of marijuana is a federal offense.
3. GRANT OF RIGHTS; RESTRICTIONS ON USE
3.1. “Customer Data” consists of data and other information made available to us by or for you through the use of the Services under these Terms. These data may include, without limitation, some or all of customers’ names, phone numbers, email address, birthday, number and dates of purchases with details.
3.2. Ownership: All right, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in the Site and Services in any medium belongs to Company or its third-party suppliers. Neither you nor your Authorized Users acquire any proprietary interest in the Site or Services, Materials, or copies thereof, except the limited rights granted herein. Nothing contained in the Sites shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of Company.
3.2.1. Company can provide merchant, upon merchant’s request a copy of its data, as available at the time of the request, provided that your account is in good standing. We may, at our discretion, analyze, aggregate, process and disseminate this data in aggregated form without identifying the You, your Customers and/or any PII data, with or without collecting fees for the above.
3.3. Data Storage: Except as agreed mutually in writing, data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Customer Data.
3.4. Grant of Rights: We grant you a personal, limited, nonexclusive, non-transferable license to access the Site and to view the information and services contained here solely for your personal, non-commercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site at any time for any or no reason and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the materials and content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion
3.4.1. The Site may be used only for lawful purposes and is available only for your personal, non-commercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review.
3.5. Your Responsibilities: You will: (i) be solely responsible for all use (whether or not authorized) of the Services and Documentation under your account, including for the quality and integrity of Customer Data and each Customer Application; (ii) use Services only in accordance with this Agreement, the Acceptable Use Policy, Documentation, Contract, Order Forms or other applicable terms relating to the use of the Services, and applicable laws; (iii) be solely responsible for all acts, omissions and activities of your End Users, including their compliance with the Contract, these Terms, Documentation, the Acceptable Use Policy, and any Order Forms or other terms of sales of the Services; (iv) do your best to prevent unauthorized access to or use of the Services and notify us promptly of any such unauthorized access or use; (v) provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunications providers
3.6. Restriction on Use:
3.6.1. You are prohibited from downloading, emailing, faxing, storing, reproducing, transmitting, displaying, copying, distributing, or using materials retrieved from the Site or Services. You may not exploit the goodwill of Company, including its trademarks, service marks, or logos without the express written consent of Company. Additionally, under no circumstances may you offer any part of the Site or Services for commercial resale or commercial redistribution in any medium or use the Site or Services or the Materials to compete with the business of Company.
3.6.2. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any materials and content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of company.
3.6.3. You may not use the Site or Services or Materials in any fashion that infringes the intellectual property rights or proprietary interests of the company or any third party. Your use of the Site or Services must comply with all applicable laws, rules, or regulations.
3.6.4. Except to make the Services available to your employees in connection with the use of each Customer Application as permitted herein, you will not transfer, resell, lease, license or otherwise make available the Services to third parties or offer them on a standalone basis.
3.6.5. You will ensure that the Services are used in accordance with all applicable law and third party rights, as well as these Terms and our Acceptable Use Policy, as amended from time to time.
3.6.6. You will ensure that we are entitled to use your Customer Data, as needed to provide the Services.
3.6.7. You will not use the Services in any manner that violates any applicable law.
3.6.8. You will not use the Services to create, train, or improve (directly or indirectly) a substantially similar product or service, including any other machine translation engine.
3.6.9. You will not create multiple Customer Applications or Service accounts to simulate or act as a single Customer Application or Service account (respectively) or otherwise access the Service in a manner intended to avoid incurring fees.
3.6.10. You represent and warrant that you will not use any robot, spider, scraper, survey or other automated means to access the any web pages or assets contained in the Site, Site content or Service for any purpose.
3.7. You Acknowledge:
3.7.1. You further acknowledge and agree that we may access or disclose Customer Data, including the content of communications stored on our systems, if: (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request; (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.
3.7.2. You understand and acknowledge that any customer data provided to us via whatever means, including without limitation, by inbound text, data imports, tablet sign-ins, API calls or manual entry, only includes those customers who have explicitly opted into your Loyalty/Communications program and have explicitly agreed to receive your communications, including without limitation SMS, MMS and email.
4. SEEK ADVICE FROM YOUR OWN PROFESSIONAL ADVISERS
4.1. You agree that the opinion expressed by any person or entity using this Site is not that of Company and will not be used in any legal dispute against Company, including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims. The Sites and the materials on the Sites, including Company Content (defined below) have been prepared by company or an affiliate of the company for informational purposes only and company makes no claims with respect to the use or consumption of any company products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. The information on the Sites is not intended to provide any medical or legal advice. Information on the Sites is not intended to assess, diagnosis, nor specifically treat any individual’s medical problem(s) or concerns. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have a medical emergency, call your doctor or 911 immediately.
4.2. Cognitive and physical impairment may result from the use of Marijuana. Do not operate vehicles or dangerous equipment while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult your physician or other health care professional prior to using cannabis. Vaping cannabis-derived products containing THC has been associated with cases of severe lung injury, leading to difficulty breathing, hospitalization, and even death. Company makes no representation or warranty that these statements have or have not been evaluated by the Food and Drug Administration. None of the products made available by company are intended to diagnose, treat, cure, or prevent any disease.
5. ACCURACY OF INFORMATION, PRODUCTS, AND PRICING
5.1. We attempt to ensure that information provided through the Sites, including Company Content, is complete, accurate, and current. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided through the Sites. Company does not warrant the accuracy of customer product ratings, comments or feedback. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5.2. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
5.3. Not all products that appear on the Sites are offered for sale in all states. Certain products may not be available in your jurisdiction. Products shown on the Sites may appear differently in the dispensary/at the retail establishment.
5.4. The Sites may provide you with pricing for products that are carried by us both in the dispensary/at the retail establishment and/or online. The prices displayed (in U.S. dollars) for products available for purchase via the Sites may only represent the applicable retail prices, and may not consist of taxes, delivery fees, or other applicable charges. Before you complete an order, all such applicable charges will be provided to you. The pricing shown to you through use of the Sites may only be good for purchases made through the Sites and may differ from in-store/dispensary pricing.
5.5. Please note that the current price for and availability of a product may differ from the price displayed when the product was first placed in your shopping cart. Price and availability information is subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
5.6. In the company’s normal course of business, the Sites may display, include, or make available coupons, special offers, promotional codes, giveaways, samples, and other offers from company or a third party. All pricing information may be subject to additional terms, conditions, or restrictions under applicable law, regardless of whether such additional terms, conditions or restrictions are expressly included on the Sites. Products displayed may be out of stock or discontinued, and prices are subject to change. Company is not responsible for typographical errors regarding price or any other matter.
5.7. In an effort to enhance your experience and give as many customers as possible the opportunity to purchase we may place limits on purchases. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy or any laws, rules, and regulations. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to any and all purchases of product, merchandise, or services, including but not limited to any and all purchases made at retail stores, retail outlets, deliveries, and through any third-party sales platforms
6. ACCOUNT CREATION AND MAINTENANCE
6.1. In order to use certain features of the Sites (e.g., to use any e-commerce related services), you may be required to create an account with company (“Account”) and provide certain information about yourself. You represent and warrant that all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times. You may not create more than one Account.
6.2. You agree that you are solely responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
6.3. Company may suspend or terminate access to your Account in its sole and absolute discretion. In the case that your Account is terminated, these Terms shall remain, to the extent applicable, in full force and effect.
6.4. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed
7. PAYMENT TRANSACTIONS
7.1. While availing any of the payment method/s available on the Sites, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transaction/s, or exceeding the pre-set limit mutually agreed by You and between “Bank/s”, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s.
7.2. You understand, accept and agree that the payment facility provided by us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the Transactions on our Sites using the existing authorized banking infrastructure and Debit Card payment gateway networks. Further, by providing payment facility, we are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price. You acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond our control. You also understand, accept and agree that we may use the services of one or more third parties to provide the Service and process your transactions (each a “Provider”). We are not a selling agent in connection with any sale or purchase by you of goods or services to any person. We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service that you may purchase or sell using Sites.
7.3. You authorize us to hold, receive and disburse funds in accordance with your payment instructions, whether provided to us directly or through a provider’s application, and whether to us in our own capacity or in our capacity as payment processor acting on behalf of sellers of goods or services and other third parties that have appointed us as agent for the limited purpose of receiving payments. Your authorization permits us (a) to debit or credit your balance, a bank account, any credit card, debit card, or other payment cards that we accept (“Cards”), or any other payment method we accept, or (b) to process payment transactions that you authorize by generating a paper draft or an electronic funds transfer. When you instruct us to pay a user, you authorize and order us to commit your payment (less any applicable fees or other amounts we may collect under this Agreement) to that user. We may limit the recipient’s ability to use or withdraw the committed funds for a period of time we have agreed with the recipient.
7.4. We reserve the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with us or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
7.5. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7.6. We may delay notifying the payment confirmation (i.e. informing merchant to dispatch), if company deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, we may hold transaction price and we may not inform merchant to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.
7.7 Rewards and loyalty program points and redemptions subject to change.
8. USER CONDUCT GUIDELINES
Any time you access or use the Sites, you are required to comply with our User Conduct Guidelines, as set forth below. You are not authorized to access or use the Sites: • to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; • if you are not able to form legally binding contracts (for example, if you are under 18); • if you are a person barred from receiving our products or services under the laws of the Unites States or other applicable jurisdiction; or • for any other purposes that are not expressly permitted by these Terms.
You represent, warrant, and agree that you shall comply with the above User Conduct Guidelines. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of your information or related materials from the Sites and termination of your Account.
9. USER CONTENT
We welcome and encourage you to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the Sites, which may include text, photos, audio, code, forms and agreements, files, videos, images, and other materials (“User Content”). You may submit User Content by messaging us, or contacting us via the contact information provided below. You acknowledge and agree that all User Content you give us (i) will be treated as non-confidential and (ii) will be the sole and exclusive property of company. Without limiting the foregoing, you acknowledge that your User Content may be disseminated or used by company for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to company all of your rights, title, and interest in and to all User Content, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such User Content.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect company’s rights in such improvements, enhancements and modifications.
In addition to the User Conduct Guidelines above, your User Content may not: • infringe on any rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights; • violate any law, statute, ordinance, or regulation; • be defamatory, libellous, slanderous, or threatening; • contain offensive language or images, including sexually explicit content that is pornographic, obscene, harmful to minors, or constitute violations of child pornography or child sexual exploitation laws; • denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise; • exploit images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s) for such exploitation); • promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous, or desirable; • provide instructional information about illegal activities; or • contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of company or any third party.
10. ELECTRONIC AND TELEPHONIC COMMUNICATIONS
IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES FROM US, YOU CAN DO SO BY TEXTING THE APPLICABLE KEYWORD PROVIDED IN THE TEXT MESSAGE(S), FROM THE MOBILE DEVICE RECEIVING THE MESSAGES.
You understand and agree that you may continue to receive communications from us while we process your opt-out requests, and you may also receive a communication confirming the receipt of your opt-out requests.
11. MODIFICATION AND SUSPENSION
We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Sites, the services provided through the Sites, and Company Content. We may also impose rules for and limits on use of the Sites or restrict your access to all or part of the Sites without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites, the services provided through the Sites, or Company Content. These Terms will survive any termination, discontinuation, or cancellation of the Sites or your Account.
12.1. Company makes no representations or warranties with respect to recording or monitoring of SMS or MMS messages, email or other communications.
12.2. The origination and content of these communications is entirely your responsibility
12.3. You acknowledge that these representations, warranties, and obligations are essential to our ability to provide you with access to our Services, and you further agree to indemnify us and our affiliates in accordance with the terms of your signed agreement with company for claims arising out of or related to your acts or omissions in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services.
BY ENTERING AND/OR USING THE SITES YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE MADE WITH RESPECT TO THE SITES OR ANY INFORMATION OR SOFTWARE THEREIN (INCLUDING BUT NOT LIMITED TO COMPANY CONTENT), OR ANY WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITES OR THE CONTENT, THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY COMPANY’S CONTENT.
14. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW: • YOUR USE OF THE SITES IS AT YOUR OWN RISK; • YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS SOLD THROUGH THE SITES, AT A RETAIL STORE, AND THROUGH DELIVERY. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS; • UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE), SHALL COMPANY OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, INABILITY TO ACCESS, USE OF, OR BROWSING OF THE SITES OR THROUGH YOUR DOWNLOADING OF ANY COMPANY CONTENT OR OTHER MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITES, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS EVEN IF COMPANY HAS BEEN ADVISED OF SUCH INCIDENTS; AND • COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITES’ RECORDS, PROGRAMS, OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE COMPANY FROM AND AGAINST ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. YOU HEREBY WAIVE YOUR RIGHTS UNDER ANY JURISDICTION, IN WHICH A GENERAL RELEASE WILL NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE LIMITATIONS SET FORTH IN THIS SECTION 14 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
No person or entity shall be entitled to any form of indemnification at any time, except as provided by the Terms. You agree to defend, indemnify and hold company, parent, subsidiaries, licensors, service providers, affiliates, and its and their, directors, officers, members, managers, investors, stockholders, shareholders, employees, and affiliates harmless from and against any and all claims, liabilities, damages, costs, losses, and expenses, litigation expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise), of any kind including reasonable attorneys’ fees, in any way arising from, related to, or in connection with your use of the Site; your violation or breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party; and the posting or transmission of any materials on or through the Sites by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
Unless Company elects otherwise, you agree to conduct the defense of any such claim or action and agree not enter into any settlement or other compromise without the prior written approval of company
16. USERS; THIRD PARTY WEBSITES
Though users are required by the Terms to provide accurate information, we do not guarantee the completeness or accuracy of any information provided by any user, including the user’s purported identity, credentials or background. We recommend that you exercise due diligence when deciding to communicate or interact with another user, and we will not be responsible or liable for any damage or harm resulting from your interactions with other users. Although the Sites may be linked to other sites, company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Sites, you acknowledge and agree that company has not reviewed all the sites linked to the Sites and is not responsible for the content of any off-site pages or any other site linked to the Sites. Your linking to any other off-site pages or other sites is at your own risk. You should refer to the terms and policies governing any other sites that you use to determine your rights and responsibilities.
17. GOVERNING LAW AND DISPUTE RESOLUTION
YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 17, YOU ARE WAIVING THE RIGHT TO GO TO COURT TO HAVE A CLAIM HEARD BY A JUDGE OR JURY. The Terms shall be governed by and interpreted in accordance with the laws of the State of Missouri without regard to Missouri’s conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods, which are hereby expressly excluded. All disputes, claims, controversies and matters arising out of or relating to these Terms, the breach thereof, or any transactions hereunder, including any questions of arbitrability (“Claims”), shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”) by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the AAA Rules. The place, or legal seat of the arbitration, shall be Kansas City, Missouri, and the language of the arbitration shall be English. Each party shall be exclusively responsible for paying its own arbitration filing fees, which the arbitrator may later allocate as set forth below.
By visiting this Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Missouri, without giving effect to any conflict of law provisions, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, normal choice-of-law rules shall apply to any proceeding brought in state or federal court. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Missouri, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with company shall be submitted to confidential arbitration in Kansas City, Missouri. However, if you have in any manner violated or threatened to violate any Company’s Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of Missouri. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
EACH PARTY AGREES THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ON THAT PARTY’S OWN BEHALF AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY SORT OF CLASS OR PURPORTED CLASS, AND NO ARBITRATION COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS. FOR THE AVOIDANCE OF DOUBT, EACH PARTY HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND COMPANY OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth above, shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs, to proceed ex aequo et bono, or to exercise rights of jura novit curia. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
Both you and we agree that if company makes any amendment to this Dispute Resolution section in the future, that amendment will not apply to any claim that was filed in a legal proceeding against company prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and company. We will notify you of amendments to this section by posting the amended Terms on the Sites. If you do not agree to the amended terms, you must cease using the Sites immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and company in accordance with the provisions of this “Governing Law and Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
18. CONTACT US
You can also reach us at:
Mail: 1041 Burlington St Suite A NKC, MO 64116
19. WARNINGS INVOLVING THE CONSUMPTION OF CANNABIS, MARIJUANA, OR MARIJUANA INFUSED PRODUCTS WARNING: Our products contain Marihuana, marijuana, cannabis, or products derived therefrom remain a Schedule I drug and the use of Cannabis products may be unlawful outside of the State of Missouri. The cultivation, processing, sale, and possession of marihuana and products containing marihuana, the manufacture, sale, and possession of marihuana paraphernalia, and advertising the sale of marihuana, marihuana products and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. Cannabis products are intended for and may be lawfully consumed only by a qualifying patient. You are responsible for complying with the applicable laws regarding marihuana in your jurisdiction. Our marihuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold by us are not intended for resale or interstate transport. The products are not for resale or transfer to any unauthorized individual. Any unauthorized use is unlawful and you may be subject to criminal penalties. KEEP OUT OF REACH OF CHILDREN AND ANIMALS.
Cannabis may not be consumed in a public place or on the premises of a licensed dispensary. A “Public place” means any public or private property, or portion of public or private property, that is open to the general public, including but not limited to, sidewalks, streets, bridges, parks, schools, and businesses. However, for purposes of designating a non-public place within a public place, the owner or entity with control of any such property may, but is not required to, provide one (1) or more enclosed, private spaces where one (1) qualifying patient and, if required by the owner or entity with control of any such property, a representative of such owner or entity, may congregate for the qualifying patient to consume medical marijuana. The qualifying patient may be accompanied by the family of the qualifying patient, the qualifying patient’s primary caregiver, and/or the qualifying patient’s physician. The owner or entity with control of any such property may provide such a space by individual request or designate such a space for ongoing use and may limit use of medical marijuana in that space to uses that do not produce smoke. Any such permission shall be given in writing and provided to the qualifying patient or publicly posted prior to a qualifying patient’s use of medical marijuana in that space.
These products have not been evaluated, analyzed, or approved by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Cannabis and marijuana-infused products are not food. Products containing medical cannabis were produced in a medical cannabis facility not subject to public health inspection that may also process common food allergens and such product have not been produced or inspected pursuant to federal food safety laws. There is limited information on the side effects of using such products, and there may be associated health risks with consumption of cannabis products. Please use extreme caution. Our products contain cannabis, and intoxication following use may be delayed 2 or more hours. Cognitive and physical impairment may result from the use of marijuana or marijuana-infused products which can impair concentration, coordination and judgment. Do not operate a vehicle, aircraft, dangerous device, boat, machinery, or other similar vehicles, machines, and devices under the influence of this drug.
Smoking is hazardous to your health and products that contain cannabis can expose you or those around you to chemicals including cannabis smoke and THC, which are known to cause cancer and birth defects. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. Vaping cannabis-derived products containing THC has been associated with cases of severe lung injury, leading to difficulty breathing, hospitalization, and even death.
Cannabis products may have intoxicating effects and may be habit forming. The Substance Abuse and Mental Health Services Administration’s National Helpline is a confidential, free, 24-hour-a-day, 365-day-a-year, information service, in English and Spanish, for individuals and family members facing mental and/or substance use disorders. This service provides referrals to local treatment facilities, support groups, and community-based organizations. Callers can also order free publications and other information and can be reached at 1-800-662-4357. For Kansas City metropolitan area local resources for concerns about addiction, you can contact First Call KC by phone at (816) 361-5900, online at https://www.firstcallkc.org/ or their 24-hour crisis call line at (816)-361-5900. If you have a concern that an error may have occurred in the dispensing of your medical marijuana, you may contact the Missouri Department of Health and Senior services, using the contact information found at medicalmarijuana.mo.gov.
These Terms constitute the entire agreement between you and Company and govern your use of the Site, and they supersede any prior agreements between you and Company. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Company may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Company’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between Company and you as a result of this Agreement or your use of the Site. Any claim or cause of action you may have with respect to Company or the Site must be commenced within one (1) year after the claim or cause of action arose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. You may not assign the Terms or any of your rights or obligations under the Terms without Company’s express written consent. The Terms inure to the benefit of Company’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our Contact Us page.