PLEASE ENSURE THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BLAZE PALM, LLC A CALIFORNIA LIMITED LIABILITY COMPANY, DOING BUSINESS AS OG CANNABIS (“COMPANY”).
These Terms of Service (hereinafter, these “Terms“) govern your access to and use of the Company’s (a) websites, mobile application (“Application”) and channels that link to or otherwise reference these Terms, including ogcannabis.com and (b) social media pages and channels (collectively, the “Websites“), including any services, features, media, functions, content, resources, tools and links contained or offered therein (collectively, the “Services“). By accessing or using any of the Websites, you are agreeing to be legally bound by these Terms. The Terms “OG Cannabis”, “us”, “we” or “our” shall mean, as applicable, the Company. The Terms “you”, “your”, “User”, “customer” or “patient” shall refer to any individual who accepts this Agreement
These Terms are subject to occasional changes from time to time, and in the Company’s sole discretion and should we make any material changes, you might receive an e-mail notification to the last e-mail address you provided to us and/or by prominently posting a notice of the changes on the Website at https://ogcannabis.com/terms-and-conditions/ Any changes to these Terms will be effective upon the earlier of our dispatch of an e-mail notice to you (if applicable) or our posting of notice of the changes on the Website. Your continued use of the Website or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. If you do not accept and agree to these Terms, you may not access or use any of the Websites or Services or create a membership account or user profile.
The Websites and Services are intended solely and only available to individuals who are at least eighteen (18) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction. Please note that certain of the Websites and Services require you to be at least twenty-one (21) years of age to access and use such Websites and Services. Please check the applicable Additional Terms for such Websites and Services for further information. Without limiting the foregoing, the Websites and Services are not available to minors or suspended members or users. Further, your account and user ID for any of the Websites or Services may not be transferred or sold to another party. You further represent that any party you invite to participate in any of the Services or related functions with you is also of legal age as described above.
By accessing or using the Websites or Services, you consent to receiving certain communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, telephone, voice, in-app push notices, or by posting notices and messages on the Websites or through any of the Services. By accessing or using the Websites or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In order to access or use some of the Websites or Services, you must first create an individual profile for yourself to become a member of the Company (each a “Member“).
By creating a membership Profile, you agree that:
You will not register a username (or email address) that (a) is already being used by someone else; (b) may impersonate another person: (c) belongs to another person; (d) violates the intellectual property or other right of any person; or (d) is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion;
You will provide true, accurate, current, and complete registration information and documents about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, the Company may suspend or terminate your account and refuse you any and all current or future access to or use of the Websites and Services (or any portion thereof). If you fail to update your information in a timely manner, then the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, which will allow the Company to suspend or terminate your account, and refuse you any and all current or future access or use of the Websites and Services (or any portion thereof).
You will provide your government-issued photo identification and physician recommendation documents in the format as it’s listed on the Website for verification of identity and to conform to Local and State regulations and laws.
Your physician has determined that you suffer from a medical condition for which medical cannabis provides relief and has provided a written recommendation that verifies this fact.
In order to acquire the medical cannabis you hold a valid California Medical ID Card and physician’s recommendation, and in accordance with California Health and Safety Code section 11362.5, et seq.
You agree to, and follow the terms and conditions set forth in this agreement, including obtaining a State Medical Cannabis ID Card issued by the Department of Public Health at County offices.
You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;
You are solely responsible for maintaining the confidentiality of your password and for restricting access to your account so that others may not access any password protected portion of the Websites or Services using your name, username, or password;
You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security;
You will not post libelous content or create false or misleading posts or comments; and
You will not sell, transfer, or assign your account or any account rights.
You will not interfere with or disrupt any Website processes, servers or networks supporting the Websites and/or the Company.
You will not impair or harm any of our computer or related systems or transmit software viruses, worms, or other damaging files.
You will not use any robot, spider, scraper, survey, monitor or other automated or similar means to access any web page or other asset contained in the Websites, Services or Website Content for any purpose.
You will not bypass our robot exclusion headers, interfere with the working of our Services, features or tools, or impose an unreasonable or disproportionately large load on our infrastructure.
intentionally or unintentionally violate any applicable local, state, national or international law, rule or ordinance.
The Company is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your membership and access to and use of the Websites and Services, at our sole discretion and without advance notice or liability.
For purposes of these Terms, (a) “Content” means all text, images, photos, audio, video, graphics, reviews, location data, and all other forms of data, communication or media, (b) “Your Content” means Content that you submit, or transmit to, through or in connection with the Websites or Services, such as ratings, reviews, photos, videos, media, messages, social media posts or Services, comments and information that you publicly display or displayed in your User Profile, (c) “The Company Content” means Content that we create or otherwise owned by us and make available in connection with the Websites or Services, (d) “Third Party Content” means Content that originates from parties other than the Company or users of any of the Websites or Services, which is made available in connection with the Websites or Services and not otherwise owned by us, and (e) “Website Content” means all of the Content that is made available in connection with the Websites or Services, including Your Content, Third Party and the Company Content.
NO SPAM; LIQUIDATED DAMAGES
We do not tolerate the transmission of spam. We monitor all traffic to the Website. Visitors and Members suspected to be abusing the Website, the Services are fully investigated.
The Website, the Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, the Company will not warn you that you have left the Company’s Website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of the Company. The Company is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. The Company provides these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree to protect, defend, indemnify and hold harmless the Company (and its owners, members, directors, managers, officers, partners, employees, volunteers, independent contractors and agents and successors and assigns of itself or its affiliates) from and against any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of or otherwise relating to (a) your use or misuse of the Websites or Services, (b) your violation of these Terms or any Additional Terms; or (c) your violation of applicable laws or regulations. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You hereby release and forever discharge the Company (and its owners, directors, managers, members, officers, partners, employees, volunteers, independent contractors and agents and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Websites or Services or Third Party Materials. If you are a California resident or resident of a state with a similar applicable law, you hereby waive California civil code section 1542 in connection with the foregoing (or such other similar applicable law in your state), 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 Company doesn’t offer return or exchange for any of the Services, the Products on the Company’s Website. However, you may return your order within 7 days of purchase only if the Product is defective, possibly containing mold, mites or foreign objects. In such a case where you consider that the Product is defective, you should promptly contact us with details of the Products and the defect. Please note, we can only exchange a defective product with a good product and there will be no cash refund.
We own the Company Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of other Website Content, computer code, products, software, data. We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets and other intellectual and proprietary rights throughout the world (“IP Rights“) associated with the Company Content, the Websites and the Services, which are protected by copyright, trade secret, patent, trademark laws and all other applicable intellectual property and proprietary rights and laws. As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Company Content, Websites or the Services or any of the IP Rights of the Company, in whole or in part. We do not grant you any express or implied rights, and all rights in and to the Websites and the Company Content are retained by us. The Company does not claim ownership of the materials you provide to the Company (including feedback and suggestions) or post, comment, upload, input or submit to the Company and the Website, or our associated services (collectively “Submissions”). However, by posting, commenting, uploading, inputting, providing or submitting your Submission you are granting The Company permission to use your Submission in connection with the operation and the Services including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
The Websites and Services contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Members have the ability to leave comments, and we want that process to be as open as possible. Part of that openness is acknowledging that certain behaviors are not acceptable. The company reserves the right to remove any content posted on or submitted through any of its Websites or Services. However, the only Member Content likely to be removed is that which violates these Terms or the rules or guidelines on the applicable Website or Service regarding comments.
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW.
YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND THEIR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, MEMBERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY OTHER POTENTIAL OR ACTUAL WARRANTY OF ANY KIND.
THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, MEMBERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, CONSULTANTS AND AGENTS MAKE NO GUARANTEE OR WARRANTY THAT: (1) THIS WEBSITE AND SERVICES WILL SATISFY YOUR NEEDS AND REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT; (2) THIS WEBSITE AND SERVICES, ALL COMMUNICATIONS AND APPLICATIONS, WILL BE COMPREHENSIVE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR BE FREE FROM LOSS, DESTRUCTION, CORRUPTION, ONLINE ATTACK, VIRUSES, WORMS, OR OTHER INVASIVE, HARMFUL, OR CORRUPTED OR OTHER RELATED INTRUSIONS; (3) THE INFORMATION, DATA OR RESULTS REALIZED OR OBTAINED FROM YOUR USE OF THIS WEBSITE WILL BE ACCURATE, UP TO DATE, SATISFACTORY OR RELIABLE OR FIT OR USEFUL FOR ANY SPECIFIC PURPOSE; (4) THE QUALITY OR VALUE OF ANY PROPERTIES, SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE AND SERVICES WILL MEET YOUR EXPECTATIONS; (5) THAT ANY OFFER MADE OR MESSAGE SENT WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED AND PROCESSED; AND (6) ANY ERRORS IN THE GUIDELINES, SOFTWARE OR PROTOCOLS WILL BE CORRECTED OR RESOLVED.
ANY PRODUCT OR SERVICES OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE AND FULLY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR USE OF ANY SUCH PRODUCT, MATERIAL, APPLICATION, FEATURE OR OTHER PROGRAM.
NO ADVICE OR INFORMATION, INCLUDING MEDICAL ADVICE, STRATEGY, GUIDELINES OR RELATED CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THIS WEBSITE, SERVICES OR RELEVANT SOCIAL MEDIA PAGES SHALL CREATE ANY WARRANTY, GUARANTEE OR STRATEGY NOT EXPRESSLY STATED IN THESE TERMS.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforce ability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
For questions about the Websites, Services or Terms and Conditions, please feel free to contact our Customer Service at firstname.lastname@example.org or call 760-760-4000 during our business hours.