Revised October 29, 2020.
These Term of Use (“Terms”) constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (“you”),
and Jushi Inc and its affiliates (collectively, “we,” “us” or “our”)
concerning your access to and use of our websites (collectively, the “Site”).
By accessing or using the Site in any way, including browsing the
Site, using information from the Site or submitting information to us through
the Site, you agree that you have read, understood, and agreed to be bound by
reference). THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND
US AND CONTAIN IMPORTANT LIMITATIONS OF OUR LIABILITY TO YOU AND SPECIFIC
DISPUTE RESOLUTION PROCEDURES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING
OUR SITE. BY USING OUR SITE.
2. Warranty Disclaimer and
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, THE CONTENT, GOODS, SERVICES AND PROGRAMS DISPLAYED ON, OR MADE AVAILABLE
THROUGH, THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY
WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL
WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, EXPRESS
OR IMPLIED, THAT OUR SITE OR ANY CONTENT, GOODS, SERVICES OR PROGRAMS YOU
OBTAIN OR PARTICIPATE IN THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY GOODS, SERVICES OR
PROGRAMS YOU OBTAIN OR PARTICIPATE IN THROUGH THE SITE. WE DO NOT WARRANT THAT
ANY CONTENT ON THE SITE IS ACCURACY OR RELIABLE. CONTENT ON THE SITE MAY
INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS AND/OR OMISSIONS AND WE DO
NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY SUCH INACCURACIES, ERRORS
AND/OR OMISSIONS. ALL OF THE CONTENT ON OUR SITE, WHETHER HISTORICAL IN NATURE
OR FORWARD-LOOKING, SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON OUR
SITE, AND WE DO NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT
IS POSTED OR TO REMOVE SUCH INFORMATION FROM OUR SITE IF IT IS NOT, OR IS NO
LONGER, ACCURATE OR COMPLETE.
THIS SECTION DOES NOT AFFECT IN ANY WAY OUR
RETURN POLICY OR LIMITED WARRANTY FOR GOODS OBTAINED THROUGH OUR SITE TO THE
EXTENT EXPRESSLY PROVIDED.
3. Limitation of Liability;
TO THE MAXIMUM EXTENT NOT PROHIBITED BY
APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE WITH THE FOLLOWING PROVISIONS OF THIS
IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS,
OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, CONSULTANTS,
AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS (EACH A “COMPANY PARTY,” AND
COLLECTIVELY, “COMPANY PARTIES”) BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR
DATA, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF
PRODUCTION OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTES.
IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE
FOR ANY LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES) DIRECTLY
OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS OR USE OF,
OR INABILITY TO ACCESS OR USE, THE SITE OR THE CONTENT, GOODS, SERVICES OR
PROGRAMS DISPLAYED ON, OR MADE AVAILABLE THROUGH, THE SITE; (B) UNAUTHORIZED
ACCESS TO THE SITE OR YOUR PERSONAL INFORMATION, COMMUNICATIONS OR OTHER DATA;
(C) UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL INFORMATION, COMMUNICATIONS OR
OTHER DATA; (D) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (E) YOUR
DOWNLOADING OF ANY CONTENT (INCLUDING DATA, TEXT, IMAGES, VIDEO OR AUDIO) FROM
THE SITE; OR (F) VIRUSES, BUGS, SYSTEM FAILURES OR ANY OTHER ERRORS,
FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, IN EACH
CASE REGARDLESS OF WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER A
COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION ON LIABILITY SHALL
NOT APPLY TO THE LIABILITY OF A COMPANY PARTY FOR DEATH OR PERSONAL INJURY
DIRECTLY AND PROXIMATELY CAUSED BY A COMPANY PARTY’S GROSS NEGLIGENCE,
INTENTIONAL MISCONDUCT OR FRAUD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN NO
EVENT WILL THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF
COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE COLLECTIVE LIABILITY OF THE
COMPANY PARTIES TO ANY PARTY (WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY) EXCEED THE LESSER OF
$100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT, GOOD,
SERVICE OR PROGRAM OUT OF WHICH ALLEGED LIABILITY AROSE.
YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE
SITE AT YOUR OWN RISK.
To the maximum extent not prohibited by
applicable law, you will indemnify, defend, release and hold us, our licensors,
content providers, service providers, directors, officers, shareholders,
members, managers, partners, employees, consultants, agents and other
representatives (collectively, the “Indemnified Parties”) harmless from and
against any liabilities, losses, damages, judgments, awards, costs and expenses
(including reasonable attorney’s fees and expert witness fees) (collectively
“Losses”) arising from, related to or in connection with any action or claim
based on: (a) your access to or use of, or inability to access or use, the site
or the content, goods, services or programs displayed on, or made available
through, the site; (b) your breach of these Terms; (c) your violation of any
applicable laws, rules or regulations; (d) the infringement of or
misappropriation of the rights of a third party; or (e) your negligence or more
At our option, you will, at your sole cost and
expense, conduct the defense of any action or claim for which an Indemnified
Party is entitled to seek indemnification from you. We may participate in such
defense to the extent we may elect in our sole discretion, provided that you
will not be required to pay for more than one legal counsel to conduct the
defense of the applicable action or claim. You may not enter into any
settlement or other compromise of the applicable action or claim without our
express prior written consent.
You agree that the provisions in this Section
4 will survive your access or use of the Site or the content, goods, services
or programs displayed on, or made available through, the Site.
5. User Conduct
You are solely responsible for all documents
and other content you upload to our Site, including without limitation ensuring
the veracity thereof and obtaining the legal permission to so disclose such
content. You represent and warrant that all such content is in compliance with
applicable laws, rules and regulations and all applicable provisions hereof.
Such content shall not be hateful, threatening, obscene, unprofessional, or
posted for purposes not expressly permitted by these Terms. You agree to use
our Site responsibly, with good judgment, and in a manner conforming to a
minimum of prevailing standards for internet and business etiquette. For example and without limitation, while using our Site you
(a) Access, retrieve, duplicate,
use, share, publish or store Retrieve Personal Information (as defined in our
purpose of creating, directly or indirectly, a collection, compilation,
directory, database or other derivative work without written permission from us
and/or the owner of such information or content.
(b) Access, retrieve, duplicate,
use, share, publish or store Retrieve Personal Information, data or other
information or content from the Site for any purpose inconsistent with, or that
(c) Attempt to bypass any measures
of the Site designed to prevent or restrict access to the Site, or any portion
of the Site.
(d) Access, modify, enter or use
any non-public area of the Site or our computer systems.
(e) Use the Site to send
unsolicited communications to any person, whether through the site or
(f) Use the Site or create a user
accounts by automated means, after you have been prohibited or blocked from
using the Site or otherwise under false pretenses.
(g) Use the Site to compete with
us, to advertise, offer for sale or sell any content, goods, services or
programs of any kind or nature or to engage in a revenue-generating endeavor or
commercial enterprise of any kind or nature.
(h) Circumvent, disable, or
otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any content or enforce
limitations on the use of the Site and/or the content contained therein.
(i) Engage in unauthorized framing,
displaying or mirroring of, or linking to, the Site or any feature, tool, or
content of the Site.
(j) Use any of our copyrights,
trademarks, services marks or other intellectual property without written
permission from us.
(k) Delete the copyright, trademark
or other proprietary rights notice from any Content.
(l) Trick, defraud, or mislead us
or other users, especially in any attempt to learn Personal Information or
account information such as user passwords.
(m) Attempt to impersonate another
user or any other person or use the account, username or password of another
person without prior consent from such person.
(n) Make improper use of our
support services or submit false reports of abuse or misconduct.
(o) Engage in any automated use of
the Site, such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools.
(p) Interfere with, disrupt, or
create an undue burden on the Site or the networks or services connected to the
(q) Use the Site or any information
obtained from the Site in order to harass, abuse or harm another person.
(r) Decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site.
(s) Copy or adapt the Site’s
(t) Harass, annoy, intimidate, or
threaten any of our employees or agents.
(u) Upload or transmit (or attempt
to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive
text), that interferes with any person’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
(v) Upload or transmit (or attempt
to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
(w) Except as may be the result of
standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Site, or
using or launching any unauthorized script or other software.
(x) Use the Site in a manner
(y) Encourage or assist any other
person to do any of the foregoing.
7. Minimum Age; Your
Representations and Warranties
Our Service is intended for persons 21 years
or older, or 18 years or older with a valid state-issued medical cannabis
registry card, and we do not knowingly permit anyone under the age of 18 to use
our Site for any purpose whatsoever. By using our Site, you represent and
warrant that you are at least 21 years old, or at least 18 years old and hold a
valid state-issued medical cannabis registry card, and you have the right,
authority and capacity to accept these Terms and abide by (and you shall abide
by) all of the terms and conditions set forth herein.
If you are a business (i.e., not
an individual), the individual registering or using our Site on your behalf
represents and warrants that he or she has the authority to bind you and
otherwise act on your behalf for any and all purposes. We rely upon such
representation and if the individual acting on your behalf lacks such
authority, then in addition to your liability in connection with the use of our
Site, such individual may be held personally liable for the same.
9. Links to Other Sites
Our Site may contain links to third party
websites and resources. Such sites and resources are not under our control and
we shall not be responsible for the contents or functions thereof. We provide
such links as a convenience, and the inclusion of any link does not imply
endorsement by us or any association with its operators.
10. Proprietary Rights
Unless otherwise indicated, the Site and all
intellectual property contained therein, including without limitation all
source code, databases, functionality, software, designs, audio, video, text,
photographs, graphics trademarks, service marks and logos (the “IP”) are owned
or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, foreign jurisdictions, and international
The IP is provided on the Site “AS IS” for
your information and personal use only. Except as expressly provided in these
Terms, no part of the Site and no IP may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, adapted, edited, distributed, sold, licensed, rented or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission. You agree not to use of any of our IP as metatags on other
websites. You agree not to display any of our Site in a frame (or any of our
content via in-line links) without our express written permission, which may be
requested by contacting us pursuant to the Notice provision below. You may,
however, establish ordinary links to the homepage and other major sections of
our Site without our written permission.
We reserve all rights in and to the Site and the IP not expressly
granted to you.
If you believe that your intellectual property
has been copied and posted on our Site in a way that constitutes infringement
or misappropriation, you must send us your written notice pursuant to the
Notice provision below.
To register on our Site, you may be required
to create an account by providing certain Personal Information and selecting a
username and password. You are solely responsible for maintaining the
confidentiality of your account, including your username and password and are
solely responsible for all activities that occur under your account. You agree
to (a) immediately notify us of any unauthorized use of your account or any
other breach of the Site which you believe may have occurred, and (b) ensure
that you log off from your account at the end of each session. We will not be
liable for any Losses arising from or relating to your failure to comply with
this Section 11. We may employ various reasonable means to verify the identity
of each user registering on our Site. We make no warranties as to the accuracy
of the identity of any user. You acknowledge and agree that we are authorized
to act on instructions received through your account, and that we may, but are
not obligated to, deny access to the Site or block any transaction made through
your account without prior notice for any reason in our sole discretion,
including if we believe your account has been compromised or is being used by
someone who does not have your permission to do so.
12. Modification or Discontinuance
of the Site
We reserve the right at any time to limit
access to, modify, change, suspend, or discontinue the Site or any portion
thereof (either on or a temporary or permanent basis) without prior notice. You
agree that we will not be liable to you or to any third party for any such
limitation, modification, change, suspension or discontinuance of our Site.
Any written notice required pursuant to these
Terms shall be provided for as follows:
(a) if to be given to us, written notice shall
be mailed via certified U.S. Mail, return receipt requested, to:
NW Corporate Blvd, Suite 200,
Boca Raton, FL 33445
(b) if to be given to you, written notice
shall be given electronically to the address on file and deemed received upon
These Terms contain the entire understanding
between you and us regarding the subject matter hereof and supersede all prior
and contemporaneous agreements and understandings. No failure or delay by a
party in exercising any right, power or privilege under these Terms shall operate
as a waiver thereof. If any provision contained in these Terms is found to be
invalid or unenforceable, such provision shall be recast to the extent required
to make it valid and enforceable and the other provisions hereof shall be
unaffected thereby, and the invalidity or unenforceability of any of provision
of these Terms shall not affect the validity or enforceability of any other
provision of these Terms, all of which shall remain in full force and effect.
We may assign our rights and/or obligations under these Terms to any third
party without your consent or notice to you. You may not assign any of your
rights and/or obligations under these Terms without our express written
Any action, claim, dispute or controversy
(whether in contract, tort, or otherwise, and whether pre-existing, present or
future, including statutory, common law, intentional tort and equitable claims)
against a Company Party arising from or relating to these Terms, including
without limitation its interpretation, or the breach, termination or validity
hereof, the relationships created hereby, the Company Parties’ advertising
endeavors and/or the validity of this arbitration clause shall be resolved
exclusively and finally by binding arbitration administered by the National
Arbitration Forum (NAF) under its Code of Procedure then in effect (available
via the Internet at http://www.arb-forum.com , or via telephone
at 1-800-474-2371). The arbitration will be conducted before a single arbitrator
and will be limited solely to the dispute or controversy between you and the
applicable Company Party. The arbitration shall be held in Palm Beach County,
Florida, by telephone, or online. Any award of the arbitrator(s) shall be final
and binding on each of the parties and may be entered as a judgment in any
court of competent jurisdiction. Information may be obtained, and claims may be
filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
THE REQUIREMENT TO ARBITRATE MEANS YOU ARE
WAIVING ANY RIGHT TO A TRIAL BY JURY.
17. United States Law Applies
Our Site and the content, goods, services or
programs displayed on, or made available through, the Site are intended for
users and customers located in the United States and where authorized under
applicable State and local laws, rules and regulations. It is up to you to
determine whether accessing our Site and purchasing our goods and/or services
are legal where you are, and we make no representation or warranty in that regard,
or as to the legality of cannabinoids generally. You access our Site and
purchase our goods at your own risk, and you are responsible for compliance
with all applicable laws, rules, regulations and treaties. We provide the Site
for use only by persons located within the United States of America, and we
make no representation that the Site or its contents is appropriate in
locations outside the United States. Accordingly, those persons who choose to
access the Site from locations outside the United States do so on their own
initiative and are solely responsible for compliance with the laws of the
jurisdiction in which such person resides and/or access the Site from.
18. Contact Us
If you have any comments or questions
regarding this Agreement or wish to report any violation of these Terms, please
contact us using the information in the Notice section.
These Terms may be revised by us at any time and for any reason
with or without notice to you. We will post any revised Terms (“Revised Terms”)
on this page. Your continued use of the Site thereafter constitutes your assent
to such Revised Terms. You agree to periodically review these Terms to ensure
you are familiar with the most recent version.
20. Special Cannabis
All goods containing cannabis are intended for
personal use only in the jurisdiction in which they are sold. Goods we sell to
end consumers are not intended for resale, and in any event goods containing cannabis that well sell are not intended for interstate
The information provided on the Site is not
intended to be medical, legal or other advice of any kind or nature, and is not
intended to assess, diagnosis, nor specifically treat any medical problem.
We make no claims of any nature whatsoever
with respect to the use or consumption of any goods available on the Site.
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. Statements regarding the goods we
offer for sale have not been evaluated by the Food and Drug Administration.
None of the goods we offer are intended to diagnose, treat, cure, or prevent
any disease. Please refer to our local dispensaries and labeling of the goods
we sell for additional information, disclaimers and warnings.