Terms of Service

Your use of the website constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time without notice. You are responsible for reviewing these Terms of Service regularly.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. We respect the privacy and security of our users. You understand that by using our Services, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information.

Age Minimum

You must be at least 21 years old to use the Services. By using the Services, you represent and warrant that you are at least 21 years old and have the authority and capacity to enter into and abide by the Terms of Service. Users over the age of 18 but under 21 may, in certain circumstances, be permitted to order medical cannabis with a valid doctor’s recommendation pursuant to the laws in South Dakota. Cannabis Health reserves the right to determine a minimum age for any user and you agree that you will not use or attempt to use the service unless you are of qualifying age.

Disclaimers and Acknowledgements

You expressly agree and acknowledge that Cannabis Health is a licensed medical cannabis retailer in the State of South Dakota. You expressly acknowledge and understand that cannabis is listed on Schedule I of the United States Controlled Substances Act. Under the laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You acknowledge that medical use is not recognized as a valid defense under federal laws regarding cannabis and that the interstate transportation of marijuana is a federal offense. You expressly acknowledge and understand that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis is illegal in your state of residence and where you are located unless done in complete compliance with your state’s laws and the laws of the State of South Dakota.

Use of Third-Party Services

As a part of our Service, we may offer integrations with web sites and applications operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties, including any difficulties accessing their services.

Errors

We are not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control. It is your responsibility to ensure that Cannabis Health has updated email addresses and contact information.

Cancellation and Termination

Termination shall not affect any rights or obligations of the parties, including the payment of amounts due, which have accrued up to the date of such termination.

Cannabis Health reserves the right in its sole discretion, and without any prior notice, to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service. You may unsubscribe by clicking the Email Preferences link or the opt-out link in any of our emails. We shall not be obligated to store any data or files for more than ninety (90) days after termination of your access to the Service.

Data Fees & Usage

Cannabis Health is not responsible for any fees or usage charges you incur using the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services.

Dispute Resolution

Any claim or controversy arising out of or relating to the use of our Service, goods or services provided by us, or to any acts or omissions of other users for which you may contend we are liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Rapid City, SD, from which arbitration occurs there shall be no appeal. The arbitration shall be held before one arbitrator. The arbitrator shall be selected pursuant to the American Arbitration Association (AAA) rules. The arbitrator shall apply the substantive law of the state of South Dakota, except that the interpretation and enforcement of this arbitration provision shall be governed by the U.S. Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each party shall bear its own costs and attorneys’ fees.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless all parties otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THE FOREGOING WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Indemnification

By entering into this Agreement and using the Services, you agree to defend, indemnify and hold Cannabis Health, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with this agreement.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.