These Terms and Conditions of Use (the "Terms of Use") apply to The Cannabist Company website located at www.cannabistcompany.com, and all associated sites owned, operated, and linked to www.cannabistcompany.com by the Cannabist Company Holdings Inc., its subsidiaries, and affiliates (collectively, the "Site"). The Site is the property of The Cannabist Company Holdings Inc. ("The Cannabist Company"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
THESE TERMS OF USE CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE CANNABIST COMPANY, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THESE TERMS CAREFULLY.
The Cannabist Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you comply with these Terms of Use, The Cannabist Company grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Site.
The Site is intended solely for users who are (i) twenty-one (21) years of age and older; or (ii) eighteen (18) and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty-one (21) years of age or older, or if you are eighteen (18) that you have a valid medical marijuana registration card. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements. As such, you may be asked to verify that you meet the heightened age and/or other eligibility requirements during your use of the Site and you hereby agree that you shall not misrepresent your age. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Your use of the Site is also subject to The Cannabist Company’s Privacy Policy, which can be found here. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Visiting our Site or sending emails to The Cannabist Company constitutes electronic communications. You consent to receive electronic communication and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
The Site does not provide medical advice. Nothing stated or posted on the Site is intended to be, and must not be taken to be, the practice of medicine. The Site content is for informational purposes only. The Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. 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 the Site.
You represent to us (which representation shall be deemed to be made each time you use the Site) that you are not using the Site for the purpose of seeking medical attention. We specifically disclaim all responsibility for any liability, loss or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use or contents of the Site.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including e-commerce, contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.
The Cannabist Company may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice; provided, if we offer product reservation through the Site, we will not change product pricing for any product after you have reserved that product through the Site. The materials on the Site with respect to products and services may be out of date, and The Cannabist Company makes no commitment to update the materials on the Site with respect to such products and services.
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Cannabist Company and The Cannabist Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Cannabist Company is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by The Cannabist Company of the Linked Site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site’s domain, you hereby acknowledge and consent that The Cannabist Company may share such information and data with any third party with whom The Cannabist Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
Subject to the terms and conditions herein, you are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to The Cannabist Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use including without limitation: disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or similar; breaches any relevant laws, regulations or code of practice; gaining unauthorized access to other computer systems; interfering with any other person’s use or enjoyment of the Site; breaching any laws concerning the use of public telecommunications networks; interfering or disrupting networks or websites connected to the Site; uploading or transmitting viruses or any other type of malicious code; harvesting, collecting or tracking information, including personal information, of others; spamming, phishing, crawling, or scraping the Site or users; and making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. We reserve the right to refuse to post material on the Site or to remove material already posted on the Site. You may not use the Site in a manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. We reserve the right to investigate any claim that use of the Site does not conform to these Terms of Use and to terminate your use of the Site or any related website for violating any of the prohibited uses.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via, the Site, is the property of The Cannabist Company or its licensors or suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the contents, in whole or in part, found on the Site. The Cannabist Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of The Cannabist Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Cannabist Company or our licensors except as expressly authorized by these Terms.
The name and mark THE CANNABIST COMPANY and any associated logos, are registered or unregistered trademarks or service marks of The Cannabist Company or its licensors. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Site may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners.
The Site is controlled, operated and administered by The Cannabist Company from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use any content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
THE CANNABIST COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE CANNABIST COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CANNABIST COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY THE CANNABIST COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE CANNABIST COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
Except where prohibited by law, in no event will The Cannabist Company or our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable to you for any direct, indirect, incidental, consequential, exemplary, or punitive damages, including damages for loss of use, data, or profits even if The Cannabist Company has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, The Cannabist Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, to the extent permitted by applicable law, The Cannabist Company’s liability shall in no event exceed one thousand dollars ($1,000.00).
You agree to indemnify, defend and hold harmless The Cannabist Company, its affiliates, and their respective officers, directors, employees, shareholders, predecessors, and successors in interest, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site. The Cannabist Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Cannabist Company in asserting any available defenses.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
You agree that any disputes arising out of or relating to the Site or these Terms of Use (including the validity and scope of the agreement to arbitrate and any disputes with other customers of the Site) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in New York, New York unless the AAA or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. The arbitrator may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. At The Cannabist Company’s option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, “IP Claims”). With respect to any IP Claims that are not subject to arbitration under the above provision, you hereby consent to non-exclusive jurisdiction and venue in any federal or state court located within New York, New York, with respect to any suit, claim or cause of action arising from or relating to the Site or these Terms of Use, and you shall not bring any such suit, claim or cause of action except in a court located within New York, New York U.S.A. You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US. If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and The Cannabist Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and The Cannabist Company with respect to such use are hereby superseded and cancelled. The Cannabist Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by The Cannabist Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between The Cannabist Company and you or any other party be deemed to modify any provision of these Terms of Use.
The Cannabist Company reserves the right, in its sole discretion, to terminate you access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Cannabist Company as a result of these Terms of Use or your use of the Site. The Cannabist Company's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of The Cannabist Company's right to comply with governmental, court and law enforcement request or requirements relating to your use of the Site or information provided to or gathered by The Cannabist Company with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to the applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed supersede by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
We may assign or otherwise transfer or delegate these Terms of Use (including any rights or obligations hereunder), including to any purchaser of our business in our sole discretion. These Terms of Use will be binding upon and inure to the benefit of the parties’ successors and permitted assigns. You agree that the electronic text of these Terms of Use constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of these Terms of Use. You agree that email to your email address on record will constitute formal notice under these Terms of Use. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
The Cannabist Company welcomes your questions or comments regarding the Site and its Terms of Use. We can be reached at www.cannabistcompany.com/contact-us or at:
The Cannabist Company Holdings Inc.
321 Billerica Rd, Suite 204
Chelmsford, MA 01824