Effective Date: June 11th, 2020
Welcome to Green Thumb Industries.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 17 ENTITLED “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST GTI ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST GTI IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.
1. REGULATIONS IN THE CANNABIS INDUSTRY
Marihuana remains a Schedule I drug. The cultivation, processing, sale, and possession of marihuana and products containing marihuana, the manufacture, sale, and possession of marihuana paraphernalia, and advertising the sale of marihuana, marihuana 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 marihuana in your jurisdiction. See Section 20 for additional information. All GTI marihuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold by GTI are not intended for resale or interstate transport.
2. YOU SHOULD SEEK ADVICE FROM YOUR OWN PROFESSIONAL ADVISERS
The Sites and the materials on the Sites, including GTI Content (defined below) have been prepared by GTI for informational purposes only and GTI makes no claims with respect to the use or consumption of any GTI products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. The information on the Sites is not intended to provide medical nor legal advice. Information on the Sites is not intended to assess, diagnosis, nor specifically treat any individual’s medical problem(s) or concerns. Information on the Sites is also not intended to provide legal advice in relation to the cannabis industry nor any other industry.
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. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by GTI are intended to diagnose, treat, cure, or prevent any disease.You acknowledge and agree that no partnership is formed through these Terms or your use of the Sites and that neither you nor GTI has the power or the authority to obligate or bind the other.
3. GTI CONTENT
Content on the Sites that is provided by GTI 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 (“GTI Content”) is the property of GTI 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 GTI 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 GTI, in any other manner that is likely to cause confusion among consumers, that disparages or discredits GTI and/or its licensors, that dilutes the strength of GTI’s or its licensor’s property, or that otherwise infringes GTI’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any GTI 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 GTI Content is owned or licensed by GTI 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 GTI.
4. 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.
5. DISCOUNTS AND SPECIAL OFFERS
The Sites may display, include, or make available coupons, special offers, promotional codes, giveaways, samples, and other offers from GTI (“Deals”). GTI displays these Deals on the Sites as a form of advertisement. All Deals may be subject to additional terms, conditions, or restrictions under applicable law, regardless of whether such additional terms, conditions or restrictions are expressly included on the Sites.
6. 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.
7. ACCOUNT CREATION AND MAINTENANCE
In order to use certain features of the Sites (e.g., to use any e-commerce related services), you may be required to create an account with GTI (“Account”) 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.
You agree that you are solely responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify GTI of any unauthorized use, or suspected unauthorized use, of your Account 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 in its sole and absolute discretion. In the case that your Account is terminated, these Terms shall remain, to the extent applicable, in full force and effect.
8. USER CONDUCT GUIDELINES
Any time you access or use the Sites, you are required to comply with our User Conduct Guidelines, as set forth below. You are not authorized to access or use the Sites:
- 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 Unites States or other applicable jurisdiction; or
- for any other purposes that are not expressly permitted by these Terms.
Further, you may not:
- 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 if you have been temporarily or permanently prohibited or blocked from using the Sites;
- 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, 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 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, 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 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 resell or make commercial use of the Sites 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;
otherwise abuse the Sites 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 termination of your Account.
9. USER CONTENT
We welcome and encourage you to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the Sites, 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);
,li>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.
10. ELECTRONIC AND TELEPHONIC COMMUNICATIONS
When you use the Sites, 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.
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.
11. 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 provided through the Sites, 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 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 provided through the Sites, or GTI Content.
These Terms will survive any termination, discontinuation, or cancellation of the Sites or your Account.