Terms of Service
Please read these Terms and Conditions (“Terms”) carefully prior to using the websites, mobile sites, applications, or associated products, software, or any loyalty program (“Program”) and/or other services, events, or programs (collectively, the “Services”) owned and operated by Rise Cannabis Dispensary (“RCD”, “us”, “our”, or “we”) and its affiliates (“Affiliates”) (collectively, the “Sites”). References to “you” and “your” refer to you, a user of the Sites.
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 20 for additional information. All RCD cannabis products are intended for personal use only in the jurisdiction in which they are sold. Products sold by RCD are not intended for resale or interstate transport.
2. GTI CONTENT
Content on the Sites that is provided by RCD 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 (“RCD Content”) is the property of RCD 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 RCD Content located on the Sites for any publications, in public performances, on websites other than the Sites for any other commercial purpose, in connection with products or services that are not those of RCD, in any other manner that is likely to cause confusion among consumers, that disparages or discredits RCD and/or its licensors, that dilutes the strength of RCD’s or its licensor’s property, or that otherwise infringes RCD’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any RCD Content.
By entering and/or using the Sites you acknowledge and agree that any name, logo, trademark, or service mark contained on the Sites and all RCD Content is owned or licensed by RCD and may not be used by you without prior written approval. 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 RCD.
3. ACCURACY OF INFORMATION, PRODUCTS, AND PRICING
We attempt to ensure that information provided through the Sites, including GTI 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. GTI shall not be responsible for any errors or omissions on the Sites; however, when we discover an error we will endeavor to correct it as soon as possible and notify any customers who we are aware are materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice.
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.
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.
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.
4. ORDERS AND DELIVERIES
The Sites may consist of features or links to third party sites permitting you to place an order with us for either pick-up at one of our dispensaries/retail establishments or for delivery. When an order for delivery is placed, it will be delivered to an address designated by you so long as that delivery address is compliant with any applicable delivery restrictions set forth by us through the Sites or otherwise. All orders are subject to acceptance by us, and we will confirm such acceptance in a communication to you. We are not responsible for deliveries that are delayed due to events that are beyond our control, but we will strive to provide you with a seamless delivery process. Not all products shown on the Sites are available in our dispensaries/retail establishments, as some products can only be found online.
Prior to pick-up or delivery, we reserve the right, without prior notice, to cancel or limit the order quantity on any product or service and/or to refuse service to any user. For example, we may limit or prohibit orders that, in our sole judgment, appear to be placed in violation of these Terms or applicable law, are processed as a result of any fraudulent or misleading activity, or are placed by dealers, resellers, or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by
contacting the contact information provided at the time the order was made. We also may require verification of information prior to the acceptance and/or delivery of any order.
5. ACCOUNT(S) CREATION AND MAINTENANCE
In order to use certain features of the Sites (e.g., to use any e-commerce related services) or participate in the Services, you may be required to create one or more Account(s) with GTI (“Account(s)”) 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(s) per Account(s) type.
You agree that you are solely responsible for maintaining the confidentiality of your Account(s) login information and are fully responsible for all activities that occur under your Account(s). You agree to immediately notify GTI of any unauthorized use, or suspected unauthorized use, of your Account(s) or any other breach of security. GTI cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
GTI may suspend or terminate access to your Account(s) in its sole and absolute discretion. In the case that your Account(s) is terminated, these Terms shall remain, to the extent applicable, in full force and effect.
6. USER CONDUCT GUIDELINES
Any time you access or use the Sites or participate in the Services, you are required to comply with our User Conduct Guidelines, as set forth below. You are not authorized to access or use the Sites:
Further, you may not:
access, copy, distribute, share, publish, use, or store any GTI Content for purposes that are inconsistent with our Privacy Policy, or otherwise violate the privacy rights or any other rights of other users or any other third party, including by disclosing, selling, renting, distributing, or exposing any GTI Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Sites or Services;
access, copy, distribute, share, publish, use or store, or prepare derivative works from any GTI Content or content that belongs to another user or to a third party, including works covered by any copyright, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity holding the rights to license such use;
circumvent our systems, policies, including by attempting to access or use the Sites or Services if you have been temporarily or permanently prohibited or blocked from using the Sites or Services;
access, search, collect information from, or otherwise interact with the Sites by “scraping,” “crawling” or “spidering” the Sites, 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 GTI, unless you have been specifically authorized to do so in a separate agreement with GTI;
use, display, mirror or frame the Sites, or any feature, functionality, tool or content of the Sites or Services, GTI’s name, any GTI trademark, logo or other proprietary information, without GTI’s express written consent;
interfere with, disrupt, damage or compromise the Sites, Services, 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 Sites, or otherwise imposing an unreasonable or disproportionately large load on the Sites;
access, tamper with, or use non-public areas of any of the Sites, Services, GTI’s computer systems, or the technical delivery systems of GTI’s providers;
probe, scan, or test the vulnerability of any system or network of GTI 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 GTI or any of GTI’s providers or any other third party to protect the Sites;
forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Sites 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 Sites;
export or re-export the Sites, except in compliance with the export control laws and regulations of any relevant jurisdictions;
post reviews on the Sites or Services or any of GTI’s social media pages or channels that are not based on your own personal experiences, not factual in nature, or based on secondhand, nonpersonal experience;
resell for commercial purposes products purchased through use of the Sites or Services or resell or make commercial use of the Sites, Services, or GTI Content;
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 Sites or use of the Services;
otherwise abuse the Sites or Services 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.
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/or Services and termination of your Account(s).
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 United States or other applicable jurisdiction; or
for any other purposes that are not expressly permitted by these Terms.
7. USER CONTENT
We welcome and encourage you to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the Sites and/or Services, 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 GTI. Without limiting the foregoing, you acknowledge that your User Content may be disseminated or used by GTI for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to GTI 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 GTI’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, libelous, 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 GTI or any third party.
8. ELECTRONIC AND TELEPHONIC COMMUNICATIONS
When you use the Sites, participate in the Services, or send e-mails, messages (e.g., via our chatbot feature), and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us (e.g., newsletters and updates) including via e-mail, text messages, phone calls, social media, and push notifications at the email address or telephone number (including mobile number) you provided. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
We may send and receive (recurring) text messages through cellular telephone operators or other networks, and the level of reliability may vary. Consent to receive such message is not required as a condition of purchasing any goods or Services. We are not responsible for the timeliness or final delivery of text messages, as that is outside our control and is the responsibility of the cellular telephone operator or other networks. Your carrier may charge standard messaging, data, and other fees, and you are responsible for those charges. Notwithstanding the foregoing, we will use your mobile number in accordance with our Privacy Policy. Please read our Privacy Policy to learn more about our communications practices.
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.
9. 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, and GTI 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 or Services 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, or GTI Content.
These Terms will survive any termination, discontinuation, or cancellation of the Sites, Services, or your Account(s).
10. WARRANTIES BY USERS
You represent and warrant to GTI that you have the power and authority to accept and agree to these Terms, and you own or control all of the rights necessary to grant the rights and licenses granted herein.
11. DISCLAIMERS
BY ENTERING AND/OR USING THE SITES OR PARTICIPATING IN THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION AND SERVICES ARE 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, SERVICES, OR ANY INFORMATION OR SOFTWARE THEREIN OR PROVIDED IN CONNECTION THEREWITH (INCLUDING BUT NOT LIMITED TO GTI CONTENT), OR ANY WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITES, SERVICES OR THE GTI CONTENT, THAT USE OF THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY GTI CONTENT.