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Elevate Cannabis Website Terms of Use
Last Updated: December 1, 2023
This Elevate Cannabis mobile website (the “Website”) is owned and operated by Elevation Cannabis, LLC (“Elevate” or “us” or “we” or “our”). These terms (the “Terms”) govern your access to and use of the Website, including any content, functionality and services offered on, through or in combination with the Website.
Please read these Terms (“Terms”) carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms when that option is made available to you, you accept and agree to be bound and abide by these Terms. You may use the Website only for lawful purposes and in accordance with these Terms. If you do not want to agree to these Terms, you must not access or use the Website. By using the Website, you are communicating with us electronically.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
Neither Elevate Cannabis nor its representatives are engaged in rendering legal services or other such advice. Content on the Website is not intended to offer legal or medical advice concerning the cannabis industry or the legality, health or safety of the use of cannabis products. Your use of the Website is subject to the additional disclaimers and notices that may appear throughout the Website.
Elevate Cannabis and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our Website or any products you purchase using the Website. While we strive to keep the information on this Website accurate, complete and up-to-date, Elevate Cannabis and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the Website.
Changes to the Terms
We may make changes to these Terms from time to time in our sole discretion. We may also make improvements or changes in the information, services, products, and other materials on this Website, or terminate this Website at any time. All changes are effective immediately when we post them. Your continued use of the Website following the posting of such changes means that you accept and agree to the changes. You should check back from time to time so that you are aware of any changes to the Terms, as they are binding on you.
Use License
If you are under the age of 18, you may not use this Website.
If you agree to these Terms, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Website on electronic devices owned or controlled by you, and to access and use the Website on such devices strictly in accordance with the terms and conditions of this Website license contained in these Terms.
Cannabis Industry Regulations
It is your responsibility to adhere to the relevant laws governing marijuana in your jurisdiction. All of our marijuana products are intended exclusively for personal use within the jurisdiction of sale. The products we offer are not intended for resale or interstate transport. Marijuana is classified as a Schedule I drug. U.S. Federal law as well as specific state laws prohibit the cultivation, processing, sale, possession, and advertising the sale of marijuana and marijuana-infused products. Additionally, the manufacture, sale, and possession of cannabis paraphernalia are illegal.
Your Account
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of this Website is terminated, you will (i) stop using the Website and any information obtained from the Website, and (ii) destroy all copies of your account information, password and any information obtained from this Website.
Product and Pricing Information
We strive to ensure that the information presented on the Website is comprehensive, precise, and up-to-date. While we make every effort to maintain the completeness and accuracy of information provided through the Website, we do not guarantee accuracy in all instances, as permitted by applicable law. We disclaim responsibility for any errors or omissions on the Website. In the event of an identified error, we will make efforts to rectify it promptly and notify affected customer.
Products displayed on the Website may vary in appearance from those found in the dispensary. Prices displayed in U.S. Dollars for products available for purchase may represent only the retail prices, excluding taxes, fees, or other applicable charges. Prior to finalizing an order, all relevant charges will be disclosed to you.
The current price and availability of a product may deviate from the initially displayed price when the item was added to your shopping cart. Price and availability information are subject to change without prior notice.
The Website may feature coupons, special offers, promotional codes, giveaways, or other offerings from Elevate Cannabis. These are advertisements, and maybe contingent upon additional terms, conditions, or restrictions in accordance with applicable state law.
Orders
The Website may include a feature that allows you to place orders with us and pick up at one of our dispensaries. All orders are subject to our acceptance, which we will confirm through communication with you. Before pick up, we reserve the right, without prior notice, to cancel or limit the quantity of any product in an order or refuse service to any user. We may restrict or prohibit orders that we find, in our sole judgement, violate these Terms or applicable law, result from fraudulent or deceptive activity, or are placed by dealers, resellers, or distributers. If we modify or cancel an order, we will make efforts to notify you through the contact information provided at the time of order placement. Additionally, we may require verification of information before accepting any order.
No Unlawful or Prohibited Use
As a condition of your use of this Website, you warrant to Elevate Cannabis that you will not use this Website for any purpose that is against the law or prohibited by these Terms. If you violate any of these Terms, your permission to use this Website automatically ends.
You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Website or accessed through this Website. You may not republish Elevate Cannabis content or other content from this Website on another Website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus free.
If you are under the age of 18, you may not use this Website.
You further agree not to:
NOTICE REGARDING MEDICAL ADVICE
THIS WEBSITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE 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 THIS WEBSITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
No Warranties; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITEIS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE DO NOT, AND OUR SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE AND OUR SUPPLIERS EACH DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
We have made efforts to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your mobile device’s display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ON BEHALF OF US AND OUR SUPPLIERS AND THE WEBSITE DISTRIBUTORS, ALL RESPONSIBILITY FOR ANY DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR CONTENT OR DATA AVAILABLE ON OR THROUGH THE APP. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELEVATE CANNABIS, ITS SUPPLIERS, AND THE WEBSITE DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCTS OR $100, WHICHEVER IS GREATER.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST ONE SOURCE, ITS PARTNERS, AFFILIATES, WEBSITE DISTRIBUTORS, SERVICE PROVIDERS, LICENSORS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS, IS TO DISCONTINUE USING THE WEBSITE.
Use of Submissions
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this Website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
User Content
We are not liable for any harm caused by the transmission, via the use of a list, of a virus, or other code or programming device affecting your software, hardware, data, or property.
You are solely responsibility for the content of any content that you post and you agree to indemnify and hold Elevate Cannabis, its affiliates, officers, and employees harmless from any claim, demand or expense (including attorneys’ fees) due to or arising out of your use of the review function or any information or materials you provide in such review.
You will not (nor cause any third party to) use the Website to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others or immoral activities or any of the following types of activities, without limitation:
a. transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
b. transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
c. impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
d. advertising or commercial content;
e. interfering with or disrupting the Website;
f. disrupting the activities or enjoyment of the Website for other users; or
g. collecting, or storing personal data about other users.
You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload.
You acknowledge that User Content is not endorsed by Elevate Cannabis and such user content should not be considered to have been reviewed, screened, or approved by Elevate Cannabis. You should exercise discretion before relying on information contained in user content.
Elevate Cannabis will not be liable to you or any third party for any termination of your access to the Website or deletion of any User Content on the Website.
We may preserve and disclose User Content if required to do so by law or we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to a claim that User Content violates any third party’s rights, or protect the right, property or personal safety of Elevate Cannabis, any users of the Website, and the public.
We will not be liable for the collection, use, or disclosure of any personal information by, in, or through a User Area offered by a third party. In such circumstances, you must refer to any Terms of service and privacy statement of the third party offering the User Area.
Subject to applicable law and privacy policy, any communications posted by you in a User Area (including without limitation User Content) are on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. We are free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including without limitation developing, manufacturing, and/or marketing goods and services. You will be responsible for the content and information contained in any communication sent by you to this Website or otherwise to Elevate Cannabis, including without limitation for its truthfulness and accuracy.
Dispute Resolution
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Company retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
Miscellaneous
This Website is intended to and directed to residents of the United States and all advertising claims contained in this Website are valid only in the United States. These Terms and the resolution of any dispute related to these Terms or this Website will be governed by and construed in accordance with the laws of Missouri, without giving effect to any principles of conflicts of law. Failure by Elevate Cannabis to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or these Terms must be arbitrated within one (1) year after such claim or cause of action arose or be forever barred. If any of these Terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
Contact Us
This Website is operated by the Elevation Cannabis, LLC. All feedback, comments, requests for technical support and other communications relating to the Websiteshould be directed to: customercare@elevatecannabis.staging.mysites.io.
You can also reach us by mail at:
Elevation Cannabis
6120 E. Connecticut Ave
Kansas City, MO 64120
Elevation Cannabis and other logos, product and service names are trademarks and service marks owned by or licensed to Elevation Cannabis, LLC or its affiliates (the “Marks”). Without the prior written permission of Company, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
© Copyright 2024 Elevation Cannabis, LLC. All rights reserved.
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