Packwoods provides this Site for use only by persons located within the United States. Packwoods makes no representation that the Site or its content is appropriate or available for use in locations outside the United States.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Site.
1. Regulations in the Cannabis Industry
Cannabis remains a Schedule I drug. The cultivation, processing, sale, and possession of cannabis and products containing cannabis, the manufacture, sale, and possession of cannabis paraphernalia, and advertising the sale of cannabis, cannabis products and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding cannabis in your jurisdiction. See Section 14 for additional information. All cannabis products are intended for personal use only in the jurisdiction in which they are sold. Products sold by Packwoods are not intended for resale or interstate transport.
2. You Should Seek Advice from Your Own Professional Advisers
The content of the Site, including text, graphics, images, information obtained from contributors and all other content, is offered on an informational basis only. No content is intended to be a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice and guidance of a qualified health provider before:
- Making any adjustment to any medication or treatment protocol you are currently using.
- Stopping any medication or treatment protocol you are currently using.
- Starting any new medication or treatment protocol, whether or not it was discussed on the Site.
Information on the Site is “generally informational” and not specifically applicable to any individual’s medical problem(s), concerns and/or needs. The statements on the Site have not been evaluated by the Food and Drug Administration and are not meant to provide medical advice, to diagnose, treat, cure, or prevent any disease.
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.
You acknowledge and agree that no partnership is formed and neither you nor Packwoods has the power or the authority to obligate or bind the other.
3. Packwoods Content
Content on this Site that is provided by Packwoods and its licensors, including, but not limited to, certain graphics, photographs, images, screen shots, text, digitally downloadable files, audio, videos, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Packwoods Content”) is the property of Packwoods and its licensors, and is protected in the U.S. and internationally under state and federal trademark, copyright, and other intellectual property laws.
You agree not to download, display, or use any Packwoods Content located on the Site for any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Packwoods, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Packwoods and/or its licensors, that dilutes the strength of Packwoods’s or its licensor’s property, or that otherwise infringes Packwoods’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Packwoods Content that appears on this Site.
By entering and/or using this Site you acknowledge and agree that any name, logo, trademark, or service mark contained on this Site and all Packwoods Content is owned or licensed by Packwoods and may not be used by you without prior written approval. Nothing contained in this Site shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of Packwoods.
Not all products that appear on the Site are offered for sale in all states. Certain products may not be available in your jurisdiction. Products shown on this Site may appear differently in the dispensary/at the retail establishment.
4. User Conduct Guidelines
Any time you access or use the Site, you are required to comply with our User Conduct Guidelines, as set forth below. You are not authorized to access or use the Site:
- 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 services under the laws of the Unites States or other applicable jurisdiction; or
- for any other purposes that are not expressly permitted by the Terms.
Further, you may not
- access, copy, distribute, share, publish, use or store, or prepare derivative works from any Packwoods Content that belongs to Packwoods, another user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
- circumvent our systems, policies, including by attempting to access or use the you have been temporarily or permanently prohibited or blocked from using the Site;
- access, search, collect information from, or otherwise interact with the Site by “scraping,” “crawling” or “spidering” the Site, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by Packwoods, unless you have been specifically authorized to do so in a separate agreement with Packwoods;
- use, display, mirror or frame the Site, or any feature, functionality, tool or content of the Site, Packwoods’ name, any Packwoods trademark, logo or other proprietary information, without Packwoods’ express written consent;
- interfere with, disrupt, damage or compromise the Site or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Site or otherwise imposing an unreasonable or disproportionately large load on the Site;
- access, tamper with or use non-public areas of any of the Site, Packwoods’ computer systems, or the technical delivery systems of Packwoods’ providers;
- probe, scan, or test the vulnerability of any system or network of Packwoods or its providers, or breach or circumvent any security or authentication measures of such system or network;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Packwoods or any of Packwoods’ providers or any other third party to protect the Site;
- orge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Site;
- export or re-export the Site, except in compliance with the export control laws and regulations of any relevant jurisdictions;
- otherwise abuse the Site or breach the Terms; or
- attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Site (“Feedback”). You may submit Feedback by e-mailing us, at firstname.lastname@example.org. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Packwoods. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Packwoods or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to Packwoods all of your right, title, and interest in and to all Feedback, 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 Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Packwoods’ rights in such improvements, enhancements and modifications.
6. Warranties by Users
You represent and warrant to Packwoods that (a) you have the power and authority to accept and agree to the Terms, (b) you own or control all of the rights necessary to grant the rights and licenses granted herein, and (c) you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights in connection with your access to or use of the Site.
BY ENTERING THIS SITE 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 THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN, OR ANY WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITE OR THE CONTENT THEREON, THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY Packwoods CONTENT.
8. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- YOUR USE OF THE SITE 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 SITE. 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 Packwoods OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE 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 THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, 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 Packwoods HAS BEEN ADVISED OF SUCH INCIDENTS; AND
- Packwoods 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 Packwoods’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S 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, Packwoods’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100). Packwoods RESERVES THE RIGHT TO DISCONTINUE THIS SITE, FOR ANY REASON, AT ANY TIME, WITHOUT NOTICE.
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 Packwoods FROM AND AGAINST, AND COVENANT NOT TO SUE Packwoods FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES 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 8 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 Packwoods AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Packwoods its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and 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, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Site, including any and all Packwoods Content and any features, functionality, tools, and promotions available on and through the Site, (ii) your 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 (iii) your gross negligence or willful misconduct.
You agree that, at Packwoods’ option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) Packwoods may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Packwoods (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
10. 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 this Site may be linked to other sites, Packwoods is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Site you acknowledge and agree that Packwoods has not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site pages or other sites is at your own risk.
11. Governing Law and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Packwoods HAVE AGAINST EACH OTHER ARE RESOLVED.
YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 11, YOU ARE WAIVING THE RIGHT TO GO TO COURT AND HAVE A CLAIM HEARD BY A JUDGE OR JURY.
You may bring a qualifying Claim (as defined below) to a small claims court. Packwoods also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in the state and federal courts in Chicago Illinois, and waive any objection as to inconvenient forum. The Terms shall be governed by and interpreted in accordance with the laws of the State of Illinois without regard to conflict of law principles.
Notwithstanding any contrary provision of these Terms, all disputes, claims, controversies and matters relating to or in connection with these Terms (or the breach thereof) or any transactions hereunder (“Claims”) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Chicago, Illinois before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
Packwoods will reimburse fees imposed by the AAA up to $10,000 unless the arbitrator determines that your Claim was frivolous. Moreover, Packwoods will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines your Claim was frivolous.
EACH PARTY AGREES THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND Packwoods OTHERWISE AGREE IN WRITING, THE COURT 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.
Both of us agree that if Packwoods 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 Packwoods 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 Packwoods. We will notify you of amendments to this section by posting the amended Terms on the website. If you do not agree to the amended terms, you must cease using the Site immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Packwoods in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
12. Miscellaneous Provisions
If any provision of these Terms shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and Packwoods regarding the use of the Site, and supersedes and replaces any prior agreements you and Packwoods might have had regarding the Site. By using the Site you represent that you are capable of entering into a binding agreement.
13. Contact Us
If you have any questions or concerns, please contact Packwoods at email@example.com.
14. Changes to These Terms
Packwoods reserves the right to revise and update these Terms at any time and for any reason, with or without notice or obligation. Your use of this Site after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. In addition to posting the updated Terms, we reserve the right in our sole discretion to notify you of such revisions via email, if provided. 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 this Site and that Packwoods will have no liability to you if this Site is discontinued or your ability to access the Site is restricted.